People v. Houser CA3

BACKGROUND

Early one afternoon in January 2020, San Joaquin Sheriff’s Deputies Kannalikham and McElwain searched defendant and found a baggy containing 17 grams of methamphetamine, $46, two empty plastic bags, and an unused syringe. A search of defendant’s vehicle yielded a functioning digital scale, 36 resealable plastic bags, and two plastic bags with methamphetamine residue. Based on this evidence, defendant was charged with possession for sale of methamphetamine (Health & Saf. Code, § 11378). The information also alleged that defendant had suffered a prior serious felony conviction for robbery in 1997. (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b).) Defendant filed a motion to suppress under Penal Code section 1538.5. Hearing on the Motion to Suppress At the hearing, Deputy Kannalikham testified he and Deputy McElwain were on duty in an unmarked vehicle when they saw defendant get out of a parked car. The deputies pulled up behind the car and saw it had no registration tags. Kannalikham checked DMV records and found the registration had been suspended since 2014. The deputies were still in their car as defendant walked toward them. From inside the car, Kannalikham told…