Ingham

Defendant, Peggy Ingham, was charged with possession of methamphetamine for sale. (Health & Saf. Code, § 11378.) The trial court ordered all evidence suppressed and discharged defendant. (Pen. Code, § 1538.5.) Thereafter, the district attorney filed this appeal under Penal Code section 1238.

Statement of the Facts

After being told an anonymous source had implicated defendant’s residence in drug sales, Officer Charles Maxwell asked Officer Marianne Moll-ring to serve a $2,000 traffic warrant on defendant. Officer Mollring was told about the drug allegation and was instructed to bring in defendant.

Officer Mollring, assisted by Officer Rodriguez, went to defendant’s house and knocked on the door. Defendant answered but denied being Peggy Ingham. Rather, defendant said she was Peggy’s sister and did not have any identification. Defendant then went inside to look for something with her name on it and the officers followed. In the meantime, Officer Mollring radioed dispatch and requested a booking photograph of Peggy Ingham be brought out.

When the photograph arrived, Officer Mollring told defendant she was under arrest. Defendant asked if she could get something out of…