People v. Romero CA2/6

Filed 1/28/15 P. v. Romero CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B250877 (Super. Ct. No. 2008024873) Plaintiff and Respondent, (Ventura County)

v.

SANDRA ANN ROMERO,

Defendant and Appellant.

Appellant Sandra Romero was a passenger in a car that police officers stopped for a license tag violation. When the driver could not offer proof of insurance and neither she nor Romero could produce identification, the car was searched for registration. During the search, a pipe containing methamphetamine was found. Romero was convicted by jury of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and possession of a smoking device (id. § 11364). Her sentence was suspended pursuant to Proposition 36 and she was placed on probation for a term of three years including applicable fines and fees. (Pen. Code, § 1210.1.)1 Romero appeals from the denial of her motion to suppress the evidence found in the car and from the admission of statements she made to the arresting officers, which she claims was in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

1 All further statutory references are to the Penal Code unless otherwise stated.

In addition, Romero appeals the admission of evidence that the stop occurred in a "high narcotics area" and the denial of her motion for a new trial. We affirm. FACTS Prosecution Evidence On June 19, 2008, around 11:13 p.m., Officers Teya Deblauw and Anthony Snow were parked in their patrol car near a "known narcotics residence." They turned to follow a vehicle that was leaving from about half a block from the residence. Noticing that the vehicle's registration tags appeared altered or destroyed, they conducted a traffic stop. Romero's friend Michele Horn was the driver and Romero was sitting in the passenger seat. Officer Deblauw asked them for identification. Romero and Horn told Officer Deblauw their names but did not have any identification on them. Horn did not have her registration or proof of insurance. Officer Deblauw had Romero and Horn step out of the vehicle while she searched it for identification. Underneath the front passenger seat, she discovered a glass pipe commonly used to smoke methamphetamine. There was a white substance lodged in the pipe that was later determined to be .24 grams of methamphetamine. Horn stated that she owned the vehicle but was unaware of any drug paraphernalia in it. She said she had not used drugs in the last seven years. In response to police questioning, Romero admitted that the pipe was hers and that she had placed it underneath her seat. She stated that she had smoked methamphetamine earlier that evening. Horn was very concerned that her car might be impounded and she would be unable to transport her children. Officer Snow discussed with her the dangers of having drugs and drug paraphernalia near children. He told her what might happen to her if she had children and was found with illegal substances in her vehicle. Officer Snow denied threatening to take away Horn's children.