People v. Sumner CA4/1
Opinion
Opinion
STATEMENT OF FACTS
On December 7, 2011, Sumner was stopped by a San Diego police officer as
Sumner came out of an apartment complex known for narcotics traffic and illegal
gambling. A field interview card was prepared by the officer listing Sumner's personal
information.
Six days later Detective Joseph Harper, using the field identification card, placed a
"cold call" to Sumner at the number listed on the card. Sumner's girlfriend, Wylnika
Smith, answered the phone. After speaking to the detective, who identified himself as
"Mike," she gave the phone to Sumner.
Harper told Sumner he wanted to buy some narcotics. He told Sumner he had met
him at the gambling house, which apparently made Sumner more comfortable with
talking to Harper. Harper asked to buy an "eight ball" of methamphetamine. Sumner
said he would have to call his people. Sumner told Harper he did not sell drugs, but that
he could get them.
About an hour later Sumner and Harper again talked on the phone. Sumner said
he could not get the quantity Harper had asked for but could get half that amount. They
agreed on a price of $60 and a meeting place for that evening.