People v. Dempsey CA6

I. INTRODUCTION

After the trial court denied her motion to suppress evidence (Pen. Code, § 1538.5, subd. (a)(1)), defendant Kirstin Ann Dempsey pleaded no contest to possession of heroin for sale (Health & Saf. Code, § 11351) and admitted that she had two prior convictions of narcotics offenses (Health & Saf. Code, § 11370.2, subd. (a)). Defendant was sentenced to a nine-year prison term, comprised of a three-year term for the substantive offense and consecutive three-year terms for the two prior conviction allegations. On appeal, defendant contends the trial court erred by denying her motion to suppress evidence. Defendant argues that although there was a valid warrant authorizing the police to search for and seize defendant at her home and in her vehicle, the warrant did not authorize a search of her person, nor her seizure at a different location: the sheriff’s office. Defendant similarly contends that although the warrant authorized a search for cellular phones, it did not authorize a search of her cell phone. Additionally, defendant contends the trial court did not follow the proper procedures for conducting an in camera review of the sealed portion of the search…