People v. Dailey CA2/6

FACTS

On May 27, 2013, while responding to a trespassing call at Starbucks, Officers Devon Anderson and Eric Jackson encountered appellant and some friends. Appellant denied trespassing and consented to a search. During the patdown, Officer Anderson found a flashlight in his pocket, inside of which was a small plastic baggie containing heroin. Appellant's phone contained several text messages in which he agreed to sell persons various types of narcotics and other drugs. Officer Anderson advised appellant that he was under arrest for possession of heroin pursuant to section 11350. Appellant was taken to the police station and handcuffed to a bench. Officers began testing and weighing the heroin nearby. Appellant asked what was taking so long. Officer Jackson told him that Officer Anderson was in training and it would take a little longer. Appellant then asked what "his charges" were. Officer Anderson told him he was being charged with "possession for sale." Officer Jackson stated, "11351 H and S." In response, appellant stated something like, "Come on, man. I only sell to my friends so I can get things in return."3 The officers did not question appellant about this statement.…