People v. Salinas CA5

FACTS

On August 3, 2013, at approximately 4:45 a.m., Bakersfield Police Officer Jeff Martin stopped a car driven by Salinas because some of the car’s lighting equipment was not working properly. During a patdown search of Salinas, Officer Martin found $353. Officer Francisco Esguerra responded to the scene and searched a backpack that was in the car. The backpack contained mail and a receipt with Salinas’s name, 20 plastic sandwich baggies, a digital scale, several batteries that fit the scale, a laptop computer, and other electronics. Salinas admitted the backpack belonged to him. Salinas was arrested and transported to the county jail. Prior to being taken into the jail to be booked, Officer Esguerra asked Salinas if he was in possession of any contraband and Salinas responded that he was not. Officer Esguerra warned Salinas he would face additional charges if found to be in possession of contraband in the jail and Salinas again replied that he did not possess any contraband. Salinas was then escorted into the jail to be booked.

All further statutory references are to the Penal Code unless otherwise indicated.

2. Salinas was uncooperative during the booking process and…