People v. Jackson

Appellant Christine Ann Jackson was charged with possession of methamphetamine for sale, possession of marijuana for sale, and possession of drug paraphernalia (Health & Saf. Code, §§ 11378, 11359, 11364). She moved at a preliminary hearing to suppress items seized from her purse during a search of her codefendant’s bedroom, arguing the prosecution was bound by a prior ruling in an earlier case granting her motion to suppress; alternatively, she argued that even if de novo evaluation of her motion was required, the motion should be granted because the search of her purse was illegal. The court rejected both contentions. Jackson pleaded guilty to one count of possession of methamphetamine and was placed on probation with 150 days stayed custody; the remaining charges were dismissed. Jackson argues the trial court erroneously denied her motion to suppress.

I

The Facts

Mr. Huitron, Jackson’s codefendant, lived in a two-bedroom apartment on Wabash Street in San Diego (the apartment); it is undisputed that Huitron was a probationer who had agreed to permit warrantless searches of his home. On February 18, 2000, Officers Burkett, Mondesoir and Newquist went to the apartment,…