Kibblewhite
People v. Kibblewhite
Opinion
Opinion
Haning, J.
Defendant/appellant James Anthony Kibblewhite appeals from a judgment of conviction of possession of cocaine for sale (Health & Saf. Code, § 11351), following his plea of nolo contendere. His appeal is pursuant to Penal Code section 1538.5, subdivision (m), his contention being that the trial court erred in denying his motion to suppress evidence. The evidence he seeks to suppress was located in a locked safe which was removed from his residence by police officers executing a valid search warrant. The safe was transported to the police station and forcibly opened by the fire department four days later. We affirm.
Appellant’s primary contention is that the seizure and subsequent search of an attached safe removed from his residence was unlawful. During the course of the search for cocaine, the police looked into a closet and discovered a locked, attached combination safe with a triple-beam balance scale and a box of zip-lock plastic bags on top. Such scales are normally used to weigh cocaine, and it is commonly packaged in zip-lock bags. Also, in the closet was an Uzi submachine gun, two pistols, two brown paper bags containing a white powder, and a bag of marijuana.…