People v. Cowan

Opinion

COTTLE, P. J.

Defendant James Marshall Cowan was charged by information with possession of methamphetamine for sale (Health & Saf. Code, § 11378). After his motion to suppress evidence (Pen. Code, § 1538.5) was denied, defendant pleaded no contest to the charge. The court suspended imposition of sentence and placed defendant on probation for three years upon condition, inter alia, that he serve four months in county jail. On appeal defendant contends the trial court erred by deciding that defendant “did not have standing to object to the initial entry.” For the reasons stated below, we shall affirm the judgment.

Facts

At approximately 6:30 p.m. on February 1,1993, San Jose Police Officers Valencia and Elvander went to apartment 2 at 2331 Pauline Drive to investigate a reported “narcotics violation.” Hoyt Henry answered the door. Officer Valencia asked to come in to talk to him, and Henry consented, saying, “Come in, sir.” Inside the apartment Valencia saw defendant, another male, and a female. As the police entered, defendant concealed a blue container in a “gap” in the modular couch on which he was sitting. Valencia instructed defendant to “take his hand out real slowly,” and defendant did so.

Henry was arrested for being under the influence of a stimulant. Valencia also found methamphetamine in Henry’s possession. Officer Elvander then removed the container defendant had concealed in the gap. The container contained off-white powder and rocks which, in turn, contained methamphetamine.

Discussion

The trial court denied defendant’s motion to suppress evidence on the ground that defendant had failed to show that he had standing to contest the

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officers’ entry into the apartment, Defendant’s contention that he had standing because “[h]e had visited the apartment several times before and had full use of it even when the host was not at home” is meritless.

“ ‘The proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure. [Citations.]’ [Citations.]”