People v. Duckett CA2/8

FACTS

On June 28, 2012, Los Angeles County Sheriff’s Department Deputy Scott Woods went to a two-unit residential building on Beach Avenue in Lancaster, numbered respectively as 44418 and 44418 ½, to execute a search warrant. The face of the search warrant authorized police to search the apartment numbered 44418 ½. We do not see a copy of the warrant itself in the record, but Deputy Woods had received information that Duckett lived at the 44418 ½ apartment. When Deputy Woods arrived at the building on Beach Avenue, he went to the apartment numbered 44418 ½, where a tenant advised the deputy that Duckett actually lived at the apartment numbered 44418. Deputy Woods then proceeded to the apartment numbered 44418. When Deputy Woods got to the front door of the apartment numbered 44418, he detained Duckett and put him in a patrol car. Deputy Woods then went back and walked into the apartment and “did a protective sweep.” In so doing, Deputy Woods came into contact with Joy Jefferson, who identified herself as Duckett’s spouse. Within a matter of “minutes,” Deputy Woods obtained Jefferson’s written consent to search the apartment numbered 44418, and obtained Duckett’s written consent…