In Cleaver v. Superior Court (1979) 24 Cal.3d 297, defendants sought refuge in the basement of a house owned and occupied by an innocent third party. After a gunfight with the police, the house caught fire, defendant emerged and was arrested. The police searched the basement twice without a warrant. Finding exigent circumstances the court rejected defendant's argument that the warrantless search violated the Fourth Amendment rights of the homeowner. The court did not question defendant's standing to make the section 1538.5 motion, but rather, addressed the merits of his contention. Justice Richardson, writing for the majority, explained: "Finally, our conclusion that the exigencies of the circumstances justified the warrantless entries and limited searches in question here, is reinforced by the fact that the police were aware that the residence building was owned by an apparently innocent third party, and not by any of the defendants or suspects of the crime. In this case, defendant intruder vicariously asserts the privacy rights of the owner. As we have noted, the police had ample reason to suspect that weapons, ammunition, and perhaps other potentially dangerous items (e.g., tear gas canisters) remained in the fire-damaged basement. Under such circumstances it is wholly unrealistic to presume that an absent property owner would either expect, or desire, the police to postpone, until a search warrant was obtained, entry onto the premises whether for a search for evidence or to protect the property." ( Id., at p. 306.)