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People v. Valtierra3/2/2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
After his motion to suppress evidence (Pen. Code, § 1538.5) was denied, defendant Robert Valtierra entered no contest pleas to transportation, possession for sale and being under the influence of methamphetamine (Health & Saf. Code, §§ 11379, 11378, 11550), as well as possession of drug paraphernalia, and marijuana for sale (Health & Saf. Code, §§ 11364, 11359). The trial court suspended imposition of sentence and placed defendant on probation for three years. Pursuant to Penal Code section 1538.5, subdivision (m), defendant appeals, contending the trial court erred by denying the motion to suppress evidence. For the reasons stated below, we shall affirm the judgment.
I. Facts Pertinent to the Motion to Suppress Evidence
In response to the report of a disturbance at the Radisson Hotel, San Jose Police Officer Denise McMullen contacted, and ultimately arrested, Satinder Singh, for being under the influence of drugs. A background check revealed a felony warrant for Singh's arrest and a search of his person disclosed a number of credit cards issued to persons other than Singh, along with a glass pipe. Singh told McMullen he obtained the cards from one Balwant Baines who, he said, was a parolee at large with an outstanding warrant. McMullen testified she confirmed through a call to the communications department that Baines was indeed a parolee wanted on a felony warrant. McMullen accepted Singh's offer to assist in Baines' apprehension. At McMullen's direction Singh called Baines and asked to be picked up from the hotel because " here's cops all over the place." According to McMullen, Singh told her Baines would pick him up in 15 minutes from the rear parking lot at the Days Inn in a dark-colored Volkswagen Jetta, and would be driving with a female passenger. Singh described Baines as an East Indian between the ages of 35 and 50, 5'11 inches tall with brown hair worn in a fade haircut. Officer McMullen relayed this information to six other officers, who positioned themselves in the Days Inn lot to await Baines' arrival. About 15 minutes later, a dark-colored sedan-type car similar in shape to a Jetta with two occupants drove into the hotel parking area and headed directly for the back of the lot, passing by several available places to park in the front. No other cars entered or left the rear lot during that time.
As Officer Tony Ruelas positioned his car behind the now-stopped dark sedan, he noticed it was Mitsubishi Diamante, not a Volkswagen Jetta. In the dim lighting he could tell only that there were two people in the car, and the driver had a fade hair cut. He approached the passenger with his gun drawn.
Meanwhile, Officer Jason Kilmer, also with gun drawn, immediately ordered the driver, defendant Valtierra, out of the car. He noticed as defendant got out of the car that he was very alert and very nervous and that his skin was very oily. When he handcuffed defendant he noticed defendant's skin was warm to the touch, even though it was a cool night. Based on these observations, he suspected defendant was under the influence of a narcotic drug. Kilmer patted defendant down to allay his own safety concerns and then took appellant's pulse, which was high. He also noted that appellant's pupils were constricted and nonreactive.
Concluding defendant was under the influence of a stimulant, Kilmer
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