People v. Brown CA1/4

INTRODUCTION

After a jury convicted defendant Lisa Brown of felony identity theft (Pen. Code, § 530.5, subd. (a)), misdemeanor practicing as a pharmacist without a license (Bus. & Prof. Code, § 4051), and two counts of misdemeanor possession of a controlled substance (Health & Saf. Code, §§ 11350, 11377) she was placed on a four-year term of formal probation on the condition that she serve 270 days on electronic home detention. Brown appeals the denial of her suppression motion and the length of her probation term. While working as a Rite-Aid pharmacist, Brown was asked by a corporate investigator for proof of licensure, which she did not provide and instead left the premises before beginning her shift. Responding to a call from Rite-Aid, a police officer found Brown and asked her identity. The name and birthdate she provided did not yield a match in the officer’s computer. In

1 response to his further efforts to verify her identity, she requested a lawyer, and the officer did not inquire further. He placed her in his patrol car, handcuffed, and requested a fingerprint reader. Moments later she tried to discard a bag of pills, which are the subject of her suppression motion.…