People v. Espudo CA6

BACKGROUND

1. The Information On May 4, 2015, defendant was charged by information with a count of bringing controlled substances into a jail in violation of section 4573. Defendant pleaded not guilty to the offense. On June 26, 2015, the prosecution amended the information, reducing the count of bringing drugs into a jail to a lesser charge of simple possession of controlled substances in jail (§ 4573.6). 1 Unspecified statutory references are to the Penal Code. 2. The Evidence at Trial On March 7, 2015, Santa Cruz Police Officer Erich Hoppe was assigned to the Neighborhood Enforcement Team. At around 10:30 p.m., Hoppe was investigating suspected drug activity at a residence located at 356-A Ocean Street. When he arrived at the house, Hoppe observed indications of drug use, including used hypodermic needles, used drug packaging, small metal cookers used to heat heroin for ingestion, and at least one glass methamphetamine pipe. There were approximately five to six individuals at the house, including defendant. Hoppe arrested defendant, walked defendant to his patrol car, conducted a pat search, and emptied out defendant’s pockets. Hoppe then placed defendant in the rear of his…