People v. West CA3

BACKGROUND

A complaint deemed an information charged West with possession of a controlled substance for sale (Health & Saf. Code, § 11378) and resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)).1 The information also alleged a host of aggravating circumstances under section 1170, subdivision (b)(2) as defined in California Rules of Court, rule 4.421. West filed a motion to suppress, and the trial court heard his motion simultaneously with his preliminary hearing. At the hearing, Roseville Police Detective Steven Foster testified he observed West leaving a house known for drug activity shortly after another man who was being investigated. In the prior six weeks, the officers had investigated the house and had arrested over 10 people on narcotic-related charges arising out of that house. When he first saw West, Detective Foster did not immediately recognize him. As time went on, however, he recognized him as West and knew that he had a history of narcotics violations in Placer County. Detective Foster observed West with a satchel, a cell phone, and a utility knife. He described the knife as a red folding knife, a Dewalt folding knife, and a sheet…