Gallardo

People v. Gallardo

Good Law
130 Cal. App. 4th 234·2005 Cal. App. LEXIS 966·2005 Daily Journal DAR 7124·29 Cal. Rptr. 3d 455·2005 Cal. Daily Op. Serv. 5233
Court of Appeal of CaliforniaMay 19, 2005No. G034390California1,517 words

Opinion

lead Opinion

Moore, J.

The Orange County District Attorney challenges an order of the trial court granting defendant’s motion pursuant to Penal Code section 1538.5 and dismissing the indictment against him. We find there was no violation of the Fourth Amendment and therefore reverse the order granting the motion and dismissing the information.

I

FACTS

On July 4, 2004, Orange County Deputy Sheriff Mark Froome was on patrol in Lake Forest when he saw a truck with a smashed taillight. He made a traffic stop of the vehicle, which defendant was driving. Froome told defendant he had stopped him because of the taillight and inspected defendant’s license and registration.

*237 Froome then asked defendant if there was anything illegal in the car, like weapons or drugs. Defendant said there was not, and the deputy asked for permission to search. Defendant agreed and stepped out of the car. According to Froome, a very short period of time, approximately two minutes, had elapsed from his initial contact with defendant.

Froome proceeded with his search and found a case containing a glass methamphetamine pipe, two small plastic bags each containing a white crystalline substance, and two cut straws.…

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