P.

FACTS

A. The Current Offense

On September 20, 2011, San Diego Police Officers Denny and Eraca were in a

marked patrol car patrolling in an area of downtown San Diego known for drug activity.

Around 10:30 p.m., they observed Ikelap and another man huddled together at the front

of a white truck parked in the 1400 block of Island Avenue. The officers, believing the

men were involved in drug activity, pulled up behind the truck. Ikelap and the other man

began walking away. The officers got out and contacted Ikelap and the other man. No

contraband was found on either of them and, after the officers told them they were free to

go, both men walked away.

The officers then inspected the front of the truck and Denny discovered a small

plastic bag, containing several rocks that appeared to be cocaine base, in plain view on a

flat portion of the right front wheel frame of the truck. Denny did not touch the bag.

Instead, believing its owner would return for such a large amount of cocaine base, Denny

decided to maintain surveillance of the area from a vantage point that afforded a clear

view of the truck. He watched the truck from a nearby location while Eraca waited in…