Russell

People v. Russell

Good Law
195 Cal. App. 3d 186·1987 Cal. App. LEXIS 2179·240 Cal. Rptr. 456
Court of Appeal of CaliforniaAugust 31, 1987No. B023408California1,310 words

Opinion

Lead Opinion

Hastings, J.

Gary Russell appeals from his jury conviction of possession of cocaine for sale (Health & Saf. Code, § 11351) and possession of *188 marijuana for sale (Health & Saf. Code, § 11359). His sole contention of error involves the trial court’s denial of his motion to suppress evidence seized by the police pursuant to their search warrant. For reasons discussed below, we affirm.

Facts

On January 15, 1985, police officer Rodney Uyeda (Uyeda) obtained a search warrant for defendant’s premises in Monrovia, California. The warrant authorized a search of the premises and defendant for “amphetamine and methamp[h]etamine, and narcotic related paraphernalia, . . .”

Approximately one week later, on January 23, Uyeda and approximately 12 other officers executed the warrant. In so doing, the officers knocked on the front door of the residence and detained defendant along with his mother, father and daughter.

Uyeda then had fellow officer Miglia take the latter’s narcotics detection dog (Dandy) through the house. Dandy, who is trained to detect only heroin, cocaine and marijuana, was drawn to a set of bedroom drawers. A search of the drawers uncovered 10 grams of cocaine and 73.5 grams…

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