People v. Smith

Following the denial of her special motion to suppress evidence (Pen. Code, § 1538.5), defendant Pamela Smith entered a plea of nolo contendere to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). She was placed on probation for a period of 36 months.

Defendant’s sole claim on appeal is the trial court erred in denying her motion to suppress. The appeal is authorized by Penal Code section 1538.5, subdivision (m).

On the afternoon of January 2, 2000, officers of the Placerville Police Department went to the residence of John Kelsey, who was on probation. For purposes of the instant appeal, defendant accepts that the conditions of Kelsey’s probation included consent to a search of his person and residence.

When the officers arrived at the house, there were six people inside, including defendant. Defendant indicated she shared the rear bedroom of the residence with Kelsey. Officers Santos and Barbot searched the bedroom and found various items containing marijuana and methamphetamine. For example, a clear plastic baggie containing marijuana was found in the pocket of a robe hanging in the closet. Clear plastic baggies containing methamphetamine…