Middleton

People v. Middleton

Good Law
131 Cal. App. 4th 732·2005 Cal. App. LEXIS 1187·2005 Daily Journal DAR 9131·31 Cal. Rptr. 3d 813·2005 Cal. Daily Op. Serv. 6696
Court of Appeal of CaliforniaJuly 28, 2005A106256California3,031 words

Opinion

Opinion

Pollak, J.

Pursuant to a negotiated disposition, defendant Michael Robert Middleton pleaded no contest to possession of cocaine base with a personal arming enhancement, possession of a firearm by a convicted felon, and receiving stolen property with a personal arming enhancement. He appeals the court’s denial of his motion to suppress evidence. In the published portion of this opinion, we address his contention that police officers’ knowledge that an individual is on parole is not sufficient to inform the officers that the individual is subject to a search condition and is thus insufficient to justify a warrantless search of that person’s premises. We find no merit in that or in any other of his contentions, and affirm.

Factual and Procedural Background

The following facts are based on undisputed testimony given at the hearing on the motion to suppress. On November 11, 2002, at 11:30 p.m., Fairfield Officers Steven Trojanowski, Jennifer Clifton, Ross Hawkins and Joshua Cohen were conducting a security check at the Travel Lodge Motel on Auto Mall Parkway in Fairfield. Trojanowski testified that he and his fellow officers regularly patrolled the motel because the surrounding…

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