The People v. Saydyk CA3

BACKGROUND

Early in the morning of March 3, 2010, Shasta County Sheriff’s Department Deputies Mike Tumelson and Jon Ruiz responded to a complaint about loud music at a residence. At the scene, the deputies approached defendant and Ariel Lovell, who were standing in the parking lot near the residence. The deputies ran a check for wants, warrants, or holds on defendant and confirmed a warrant had been issued for his arrest. Tumelson handcuffed and searched defendant incident to the arrest. In the right-hand coin pocket of defendant’s pants, Tumelson found a bag containing a usable amount of methamphetamine. When Tumelson pulled the methamphetamine out of the pocket, defendant spontaneously said the methamphetamine was not his and he had borrowed the pants. Defendant did not identify who had lent him the pants, and absent any other indication the pants did not belong to defendant, Tumelson did not investigate defendant’s claim further. Defendant testified he had been laying sod all day, and when he got off work he borrowed his friend Branson Lovell’s pants so he could wear clean clothes to visit another friend. He did not know Branson used methamphetamine and did not know there was…