People v. Smith

Defendant Anthony Craig Smith (Smith) appeals from a felony narcotics conviction, asserting as error the trial court’s denial of his motion to suppress evidence unreasonably obtained during a “public strip search.” (Pen. Code, § 1538.5.) We affirm, concluding that the police officer’s search, effected by pulling back the waistband of Smith’s underwear and visually inspecting his crotch area, did not constitute a public strip search and met constitutional standards, in light of Smith’s parole status and reduced expectation of privacy.

FACTUAL BACKGROUND

On June 23, 2006, at around 11:30 a.m., Officer Robert Greenberg (Officer Greenberg) and Corporal Brian Estadillo (Corporal Estadillo) of the Vallejo Police Department were on patrol in the area around the Vallejo Inn. Officer Greenberg knew, from prior service calls and his law enforcement experience in the city, that this was a high-crime area. He testified: “There’s a lot of criminal activity that goes on there, such as people possessing drugs, selling drugs, manufacturing drugs, people possessing stolen property, . . . sexual assaults . . . .” When he and Corporal Estadillo arrived at the Vallejo Inn, they observed a…