People v. Durbin CA4/3

FACTS AND PROCEDURAL BACKGROUND

In March 2011, the Orange County District Attorney filed a first amended

complaint charging Durbin with felony possession for sale of methamphetamine, misdemeanor use of methamphetamine, and misdemeanor possession of drug

2 paraphernalia on January 2, 2011. The complaint also alleged Durbin suffered a prior

conviction for burglary in June 2007 and served time in prison within the meaning of section 667.5(b).

In May 2012, Durbin moved to suppress evidence (Pen. Code, § 1538.5)

asserting Huntington Beach police officers illegally detained him and searched his briefcase during a traffic stop. At a combined preliminary hearing and suppression

hearing, Officer Timothy Emanuel testified that around 10:00 p.m. on January 2, 2011, he

stopped a car driven by Jill Coulon for traffic violations. Durbin, the front seat

passenger, appeared to be under the influence of a central nervous system stimulant.

Emanuel ordered Durbin out of the car. Coulon stated everything in the car was hers, and

authorized a search of the vehicle because she had “nothing to hide.” Durbin initially

denied having any personal property in the vehicle. Emanuel found a black…