P.

P. v. Thevenot CA1/1

Good Law
Court of Appeal of CaliforniaJuly 29, 2013A135811California1,353 words

Opinion

Opinion

Banke, J.

INTRODUCTION

Defendant Christopher Thevenot was convicted, following a jury trial, of one count of possession of illegal substances in a jail facility (Pen. Code, § 4573.61), with three priors (§ 667.5, subd. (b).) He raises only one issue on appeal—the denial of his motion to suppress. He contends he was detained without reasonable suspicion in violation of the Fourth Amendment, and therefore the marijuana found during a subsequent body cavity search should have been suppressed. We conclude the detention was lawful, and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

We recite only the facts pertinent to the issue on appeal. On January 25, 2012, at around 5:29 p.m., Fairfield Police Department Community Service Officer Cathy Ramblas saw a White male exit and enter a white 1992 Honda Civic parked in front of a house at 2014 Plum Tree Drive. She called dispatch when, based on the license plate

1 All further statutory references are to the Penal Code unless otherwise indicated.

1 number, she recognized the car as having been reported stolen. She reported seeing two White males occupying the car, one wearing baggy shorts, whom she later identified as defendant. Police…

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