People v. Weaver CA4/2

FACTS AND PROCEDURAL HISTORY

In 1998, San Bernardino County Sheriff’s officers executed a narcotics search

warrant at an apartment in Fontana, California. They found defendant’s girlfriend outside

the apartment, trying to enter the front door as the officers attempted to execute the

warrant. Defendant’s girlfriend was detained. Just inside the front door, officers saw

defendant trying to run to the kitchen. Defendant tossed a white container onto the floor

as he ran, but he was caught and detained. Two other men, who had been sitting on the

couch in the living room, were also detained while officers proceeded to conduct their

search.

Defendant’s girlfriend was in possession of a black plastic canister containing a

baggie of suspected cocaine. The white container defendant had tossed away was

recovered; it was a Tylenol bottle containing white chunks of a substance believed to be

cocaine. Inside the microwave was a glass plate, on which were several small plastic

baggies, all of which contained cocaine residue. A larger baggie contained marijuana

residue. On a dresser in the bedroom, officers located a scale, commonly used to weigh

and package drugs, and elsewhere in…