People v. Her CA5

FACTS

On December 25, 2010, Officer Dorian and other officers went to defendant’s house to conduct a lawful search. Defendant and his four children, all under 16 years of age, were present in the house. In a kitchen cabinet, Officer Dorian found two clear plastic trash bags of marijuana, knotted at the top and weighing slightly over one pound each. She also found a bag of marijuana weighing 3.6 ounces. In a kitchen drawer, Officer Dorian found a box of .45 caliber ammunition, as well as car keys. Six of the bullets were missing from the ammunition box. In another kitchen cabinet, Officer Dorian found heat-sealed plastic bags of marijuana, a heat-sealing device, and scales. Two of the bags were marked “GDP” and another was marked “PH.” The “GDP” bags weighed approximately one pound each. On a kitchen counter, Officer Dorian found documents with notations, including names, numbers, and quantities. In addition, she found a hollowed-out soft drink can. The officers searched a bedroom that appeared to be a storage room. In the closet, they found two large athletic bags. In the red bag were seven plastic trash bags of

All statutory references are to the Penal Code unless…