People v. Miller

Appellant was charged with possession of cocaine for sale (Health & Saf. Code, § 11351) and maintaining a place to sell controlled substances (Health & Saf. Code, § 11366). After being held to answer at preliminary examination, appellant filed a motion pursuant to Penal Code section 1538.5 to suppress all evidence obtained during a search of her premises. The motion was denied, and this court denied a petition for writ of mandate and stay of the trial proceedings. Appellant pleaded guilty to one count of cocaine possession in violation of Health and Safety Code section 11350, subdivision (a). She was placed on probation for three years on condition inter alia that she serve 37 days in county jail. This appeal ensued. Appellant contends solely that the search of her residence was illegal. We disagree with her contentions and affirm the judgment.

I. Facts

In February of 1986, Agent Stribling of the San Jose field office of the United States Secret Service obtained a federal warrant to search appellant’s residence in San Jose. The warrant authorized seizure “of counterfeit currency, the means and instruments used in acquiring, manufacturing and disposing of such…