 |
 |
to fill out a simple form to connect to Classified Postings in your area.
|
|
|
|
|
People v. Williams10/31/2001
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Defendant Joseph Jorrell Williams, Jr. was charged by information with possession of cocaine base for sale (Health & Saf. Code, § 11351.5; counts 1 and 5); transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a); count 2); possession of sale of marijuana (Health & Saf. Code, § 11359; count 3); and obstructing an officer (Pen. Code, § 148, subd. (a)(1); count 4). The information further alleged that on June 2, 1999, defendant had possessed cocaine base for sale while on bail.
The trial court denied defendant's motion to suppress evidence.
Pursuant to a plea bargain, defendant, in exchange for a sentence of four years and four months, pleaded guilty to counts 1, 3, and 5, and admitted the bail enhancement allegation.
The court sentenced defendant to the agreed prison term of four years and four months, and dismissed the remaining counts.
We affirm.
FACTS
On the night of October 2, 1998, defendant was driving on a two-lane road without headlights or taillights. The road had no shoulder or sidewalk, and had a chain link fence on one side. Officer Keith Mizuhara signaled defendant to stop. Defendant stopped, blocking the lane. Mizuhara approached defendant and asked him for his driver's license. Defendant produced instead his California ID card. Defendant was sweating and fidgeting, and appeared nervous. Mizuhara asked defendant to step out of the car. Defendant complied. Defendant told Mizuhara that he (defendant) had been discharged from parole for convictions of robbery and narcotics. Mizuhara sought defendant's consent to search defendant's car "for further identification as to prove his identity if he had a valid driver's license." Defendant refused to give his consent.
Mizuhara asked defendant to sit in the back of the police car while he called dispatch to confirm defendant's identity. While Mizuhara was making the call, defendant fled on foot. Mizuhara looked for defendant, but could not find him. Because defendant's car was blocking the road, and was a traffic hazard, Mizuhara decided to impound it and to conduct an inventory search for that purpose. During the inventory process, Mizuhara found four individual bags of cocaine base and an envelope containing eleven bags of marijuana.
Another officer found defendant hiding in a garbage can. Mizuhara searched defendant, and found a Motorola pager and some currency in defendant's person.
CONTENTIONS
Defendant contends:
1. He was illegally searched.
2. He was subjected to excessive detention.
3. The evidence was seized by exploiting the unlawful detention and search.
DISCUSSION
Because the issues raised by defendant are closely related, we will discuss them together.
Standard of Review
"The standard of appellate review of a trial court's ruling on a motion to suppress is well established. We defer to the trial court's factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment. [Citations.]" (People v. Glaser (1995) 11 Cal.4th 354, 362.)
Detention has been d
Page 1 2 3 4 California Classifieds
Classified Postings
|
| |
to fill out a simple form to connect to Classified Postings in your area.
|
|