Chapman

People v. Chapman

Good Law
1990 Cal. App. LEXIS 1052·224 Cal. App. 3d 253·274 Cal. Rptr. 47
Court of Appeal of CaliforniaOctober 2, 1990C007253California2,350 words

Opinion

Opinion

Scotland, J.

Defendant was charged with possession and transportation of methamphetamine (Health & Saf. Code, §§ 11377, 11379). After granting defendant’s motion to suppress (Pen. Code, § 1538.5) the methamphetamine, which was found in what the arresting officer described as a “snuff case” opened by the officer during a warrantless search of defendant’s vehicle, the trial court dismissed the information.

On appeal (Pen. Code, § 1238, subd. (a)(8)), the People contend that the trial court erred in suppressing the evidence because (1) the officer had probable cause to believe the snuff case contained contraband, and (2) even in the absence of probable cause, the evidence was admissible under the inevitable discovery doctrine. We disagree and shall affirm the judgment.

Facts

At approximately 4 a.m., California Highway Patrol Officers Paul Kenny and Ernest Stephens were driving behind a pickup truck on a residential street in the City of Williams. The pickup pulled into a left-hand “turn pocket” to go north on Interstate 5. However, rather than turn, the truck proceeded straight (eastbound) into the lane for opposing traffic, traveled on the wrong side of the street, then abruptly…

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