P.

P. v. Vincent CA3

Good Law
Court of Appeal of CaliforniaJuly 24, 2013C072395California848 words

Opinion

Opinion

FACTS AND PROCEEDINGS

On the evening of March 2, 2011, Plumas County Sheriff’s Deputy Robert Hammill saw defendant, whom he recognized, near Chester Elementary School. Defendant approached Deputy Hammill’s patrol car, then admitted that he had used methamphetamine a week before and that he possessed a knife. As Deputy Hammill walked toward defendant to conduct a search, he saw a film container in defendant’s hand. Asked what it contained, defendant said “Meth.” Deputy Hammill opened the container and saw crystalline rocks inside, packaged in two baggies. On searching defendant, Deputy Hammill found a large kitchen knife with an eight-inch blade and a glass smoking pipe in the front pocket of defendant’s sweatshirt. Plumas County Sheriff’s Detective Michael Smith later conducted a presumptive test on the substances in the baggies and found that both baggies contained usable amounts of methamphetamine. On September 30, 2011, after defendant failed to appear in court, a warrant was issued for his arrest. On December 9, 2011, Detective Smith and Plumas County Sheriff’s Deputy Michael Kincaid, who had been looking for defendant to serve the arrest warrant, saw

2 him in Chester on a…

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