Zaring

Facts

At approximately 4:30 p.m. on June 16, 1990, Deputy Coker from the Tulare County Sheriff’s Department was patrolling Terra Bella and the C.C.& F. Trailer Park when she observed a parolee-at-large walking with appellant.

When the parolee saw the patrol car, he ran. The deputy followed the parolee and watched him run inside a market. It was the same market that the deputy had observed appellant enter moments before.

The deputy entered the market looking for the parolee. Inside the market, the deputy contacted appellant and asked her the whereabouts of the parolee. Appellant denied seeing anyone. The deputy asked if she would step outside so they could talk. Appellant said, “No, Coker, or you will arrest me.” Appellant and the deputy continued to talk. While talking with appellant, the deputy observed appellant’s pupils to be constricted and visible puncture marks on the side of her neck. Appellant’s mouth was noticeably dry and her speech was slow and deliberate. Deputy Coker formed the opinion that appellant was under the influence of heroin and arrested her for being under the influence of a controlled substance.

After the arrest, appellant was transported to…