P.

P. v. Schmid CA3

Good Law
Court of Appeal of CaliforniaMay 8, 2013C070147California2,754 words

Opinion

Opinion

FACTS

The Prosecution’s Case On September 10, 2010, at about 5:50 a.m., members of the Lassen County Narcotics Task Force and Lassen County Sheriff’s Department SWAT team executed a search warrant on a home in Doyle. Approximately 14 officers served the warrant, driving up in an armored SWAT vehicle and several patrol cars. Officers went to the door, knocked, and said: “Sheriff’s Department, we have a search warrant. We demand entry.” Codefendant Steve Ferris opened the door. Officers entered, detaining Ferris and searching the home for other occupants. As they searched, officers encountered a pit bull that they pepper sprayed, a woman and her child, and a woman and a man in one of the bedrooms. The officers then conducted a second, more thorough sweep of the house to look for people who might be hiding. They found defendant, seven months pregnant with Ferris’s child, hiding under a blanket and holding a flip-style cell phone that was flipped open. The phone both received and sent a call at almost the exact time the warrant was served. After the second sweep concluded, officers searched the house. The master bedroom contained .17 grams of methamphetamine, a razor blade, and a $20…

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