People v. Wilson CA6

I. INTRODUCTION

After his motion to suppress evidence was denied, defendant Grant Wilson, Jr., pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and possession of narcotics paraphernalia (Health & Saf. Code, § 11364.1), and he was placed on Proposition 36 probation for two years. One of his probation conditions provided: “You shall not possess or consume any alcohol or illegal drugs including marijuana, . . . nor shall you knowingly go to places where those items are being offered for sale or being consumed.” On appeal, defendant contends the trial court erred by denying his motion to suppress evidence, claiming he was subjected to an unlawful pat search. Defendant also contends the probation condition concerning alcohol and drugs is unconstitutionally vague because it lacks an express knowledge requirement. The Attorney General concedes that an express knowledge requirement should be included in the probation condition. We will modify the probation condition and affirm the judgment as modified.

II. BACKGROUND

A. Defendant’s Detention On July 30, 2013, at about 3:25 a.m., San Jose Police Officer Joseph Carrott saw…