People v. Johnson

Good Law
21 Cal. App. 5th 1026·230 Cal. Rptr. 3d 869
Court of Appeal of CaliforniaMarch 28, 2018B282810California5,263 words

Opinion

lead Opinion

Perluss, J.

*1028 Following the denial of a motion to suppress evidence found during a search of his car, Corey Johnson pleaded no contest to one count of sale of a controlled substance (cocaine base) and admitted that the crime had been committed to benefit a criminal street gang and that he had previously been convicted of a serious felony within the meaning of the three strikes law. On appeal Johnson contends the motion to suppress should have been granted because the warrantless search of his car was neither a valid search incident to his arrest nor supported by probable cause to believe the car contained contraband or evidence of criminal activity. We affirm.

*1029 FACTUAL AND PROCEDURAL BACKGROUND

1. Johnson's Arrest and the Search of His Car

While monitoring the Nickerson Garden Housing Development on closed circuit television on May 5, 2016, Los Angeles Police Officer Darryl Danaher saw a woman approach a man as he was walking by a baseball field. 1 The man produced a knotted clear plastic bag and poured off-white, rock-like substances into his left hand. He then extended his left hand. 2 The woman *872 picked out one of the off-white solids with her right hand and handed what…

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