People v. Ibarra CA2/6
Opinion
Opinion
FACTS
On January 6, 2021, Sheriff Deputy Alex Hernandez and his partner John Balarosan were on duty near a hotel. They saw Ibarra immediately walk away from a hotel room after he looked in their direction. Ibarra then threw an item away. The officers searched that area for that item and found a “bindle” containing a white substance resembling methamphetamine. The officers detained Ibarra and asked his permission to search his hotel room. Ibarra agreed and he signed a search entry waiver form. With his consent, the officers searched Ibarra’s hotel room. They discovered illegal controlled substances in his room. Ibarra filed a motion to suppress the evidence obtained in the search. He claimed the officers searched the room without his consent. He claimed the signature on the consent to search form was not his. The trial court denied the suppression motion finding the People had met their burden to show a lawful search. Ibarra filed a Pitchess motion. The trial court found the defense had established good cause to review the officers’ personnel records. After conducting an in camera review, the court released some records for review by the defense.