People v. Turrey CA4/3

FACTS

On the morning of March 1, 2013, a police officer detained defendant in the City of Orange for riding a bicycle against traffic and without a registration sticker, which the City of Orange requires. The officer found three empty Ziploc baggies, about one-inch by one-inch in size, in defendant’s front pants pocket. Such baggies are also called “bindles” and can be used to package drugs. Two months later, in the late morning of April 30, 2013, uniformed police officers (at least some of whom were assigned to the gang unit), along with a probation officer, went to a house in the City of Orange to try to locate and contact defendant. The house sat behind another residence and had two driveways. Its patio was enclosed by a very tall fence and its front gate was padlocked.

1 All statutory references are to the Penal Code unless otherwise stated.

2 Two officers went to the front gate and tried to open it. A woman (later identified as Ona Matlock) came to the house’s security screen and asked if she could help them. Only the taller officer could see her over the fence. The officers said they needed to talk with her. She said she needed to get the key to the gate. At least two to…