People v. Morales CA3

FACTS

In October 2010, agents of the Yolo County Narcotics Enforcement Team (YONET), including District Attorney investigator Agent Jonathan Updegraff and Deputy Gary Hallenbeck with the Yolo County Sheriff’s Department, executed a search warrant on a mobile home in West Sacramento. The agents were looking for heroin. Three occupants of the mobile home were detained outside while the agents conducted the search. During the search, a cell phone inside the mobile home rang. The caller’s name appeared on the phone’s screen as “Benito.” When Agent Updegraff said the name, Deputy Hallenbeck responded: “[T]hat’s Benito Morales.” Deputy Hallenbeck knew Agent Updegraff had contacted defendant within the previous five or six months during an investigation of methamphetamine sales and believed defendant was the “Benito” on the phone. When Agent Updegraff answered the phone, one of the detained occupants outside the trailer yelled: “[D]on’t come over.” The caller apparently did not hear the warning and said he would “be there in 25 minutes.” Agent Updegraff responded: “[C]ome over.” A short time later, defendant drove into the mobile home park with another man, Marshall Torres, in the…