People v. Adam CA2/3

Filed 5/1/14 P. v. Adam CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B248507

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA069232) v.

STEPHANE ADAM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Susan M. Speer, Judge. Affirmed. Vicken H. Hagopian for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

Defendant and appellant Stephane Adam was convicted of possession for sale of a controlled substance, methamphetamine (Health & Saf. Code, § 11378), pursuant to a plea agreement following denial of a motion to suppress evidence of the methamphetamine and cash. Imposition of sentence was suspended, and defendant was placed on formal probation for three years. He contends substantial evidence does not support denial of the motion to suppress. We affirm. MOTION TO SUPPRESS 1. Pleadings. Defendant moved pursuant to Penal Code section 1538.51 to suppress the evidence of methamphetamine and cash found during a warrantless search of his residence conducted pursuant to a probation search of Leah Gilbert, on the ground the information Gilbert lived there was erroneous.2 The prosecution opposed the motion, contending the police had reasonable grounds to believe Gilbert resided at the premises. 2. Prosecution facts. On October 21, 2011 in the early afternoon, Los Angeles Police Officers Kevin Campbell and Michael Lambarth executed an arrest warrant for Gilbert at 14547 Greenleaf Street. After entering the property through a gate, the officers walked down the driveway to the rear of the premises. Officer Lambarth knocked at a bedroom door, and defendant opened it. When asked if Gilbert were present, defendant answered he and Gilbert had just awakened and she was in the bathroom. Defendant did not tell the officers Gilbert did not live there. Gilbert was detained when she came out a few moments later. A search of the bathroom and bedroom revealed hypodermic needles containing a reddish substance resembling methamphetamine in a box of female hygienic