People v. Ellison CA4/1

FACTS

Shortly after 9:00 p.m. on January 7, 2012, San Diego Police Officers Robert Howard

and Scott Ellsworth contacted Ellison in the east alley of the 4300 block of Wilson Avenue.

Ellison was standing in the area between the open driver's door and the interior of a parked

Hyundai and had the keys to the car in his hand. On top of the vehicle was a "fix-a-flat"

container, but the Hyundai did not have any flat tires. The officers, who were responding to a

report of a fight, did not see Ellison attempt to hide anything or to leave the scene as the

marked patrol car approached.

However, Officer Howard saw a compressed tan plastic grocery store bag inside the

map pocket on the inside of the driver's door. The bag contained 20 individually wrapped

bindles with off-white, rock-like material in each bindle. Police found another similar bindle at

the bottom of the map pocket. Officer Ellsworth searched Ellison and found $267 in his

pocket. The officers also found men's clothing on the front seat of the Hyundai; documents

with Ellison's name and Ellison's computer also were in the vehicle.

The bindles contained 3.61 grams of cocaine base and had a…