People v. Truong CA4/3

FACTS

Late one night, Officer Billy Phu was on patrol when he saw Truong standing on a skateboard looking into a backpack. With his body-worn camera activated, Phu approached Truong and spoke with him. Phu asked Truong if he had any controlled substances. Truong answered, “I have some meth dude.” Phu handcuffed Truong and asked if he had anything else. Truong said he had heroin. Phu searched him and found bags containing 2.0 grams of methamphetamine and a bag containing 0.536 grams of heroin. Truong consented to a search of his cell phone. Phu found messages he believed indicated a plan to sell controlled substances. Phu asked about the text messages. Truong admitted he was selling the methamphetamine and heroin to an individual in another state. An information charged Truong with possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 1) and possession of heroin for sale (Health & Saf. Code, § 11351; count 2). The information alleged he suffered three prior strike convictions (Pen. Code, §§ 667, subds. (d) & (e)(2)(A); 1170.12, subds. (b) & (c)(2)(A)) and served a prior prison term (Pen. Code, § 667.5, subd. (b)). Truong filed a motion to suppress evidence.…