People v. Cardenas CA3

BACKGROUND

On September 11, 2013, Elk Grove Police officers conducted a traffic stop of defendant’s car, seizing $530 and a cell phone from defendant. An inventory search revealed three prescription bottles with 55 pills, five of which were morphine. Only one bottle was prescribed to defendant. Defendant did not give the officers his password for the cell phone. Defendant was arrested for possession of a controlled substance, resulting in the morphine case. (§§ 11350, subd. (a), 11375, subd. (b)(2).) He posted bail and was released from custody. The following day, officers executed a search warrant at defendant’s home. The officers found 36.42 grams of methamphetamine, 2.26 grams of marijuana, two bottles of cutting agents, three digital scales, a cell phone, packaging material, and two rounds of nine-millimeter ammunition. An examination of the cell phone found during the residential search revealed outgoing text messages indicating narcotics sales of morphine and other prescription drugs. Officers arrested defendant for possession of methamphetamine and booked him into county jail in case No. 13F06003 (the methamphetamine case). Defendant remained in custody on the…