Beuer

Defendant is charged with drug offenses. Pursuant to Evidence Code section 1101, subdivision (b), the People move to introduce evidence of a prior uncharged drug arrest to show knowledge of drugs. Should evidence of the prior offense be suppressed under Penal Code section 1538.5?

No. Absent a connection between the instant offense and the prior arrest, defendant may not seek to suppress evidence of the prior offense.

Facts

On June 9, 1997, California Highway Patrol (CHP) officers stopped defendant Joseph William Beuer for speeding. Officer Johnson smelled a strong odor of methamphetamine coming from Beuer’s car and found six small plastic baggies on the ground about 13 feet behind Beuer’s car. The baggies smelled of methamphetamine and contained 124 grams of methamphetamine. On the ground next to the baggies was a piece of paper towel with tear marks matching a piece of paper towel inside the car. The officers arrested Beuer for violating Health and Safety Code section 11379.

The Prior Arrest

On December 31, 1996, Oxnard police officers responded to a call regarding an occupied car that had been parked for over three and one-half hours. Beuer was sleeping in the…