Gallant

Defendant pleaded guilty to one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378), after his motion to suppress evidence (Pen. Code, § 1538.5) was denied. Defendant appeals from the resulting conviction, on the ground that the trial court had erred in denying his motion. (Id., subd. (m).) Concluding that the detention and search of defendant had been unreasonable, we reverse. )

The Facts

Early on a September evening, five police officers were executing a search warrant at a single-family residence in Riverside. The warrant authorized the officers to search Joyce Gardner and her residence for methamphetamine. There were no male subjects in the warrant. The police knew that Gardner’s common law husband had recently died, and that she lived with her mother.

No one was present when the police first arrived at the residence. Ms. Gardner and her mother arrived sometime thereafter, and were arrested and handcuffed. In searching the house, the police found several baggies of what appeared to be methamphetamine, but no weapons.

About 30 to 40 minutes after Gardner had arrived at the house, and after the suspected contraband had been discovered…