People v. Cadena CA2/8

Filed 3/12/15 P. v. Cadena CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B258733

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA424943) v.

LINDA CADENA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Craig Richman, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent.

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Linda Cadena pled guilty to one count of possession of methamphetamine after her motion to suppress was denied by the trial court. On appeal, she challenges the trial court’s ruling on the ground that the search was incident to an unlawful arrest or detention. We find she voluntarily consented to the search which led the police to find the methamphetamine in her purse. Accordingly, we affirm the judgment. FACTS On May 14, 2014, the Hollywood Division Narcotics Unit of the Los Angeles Police Department (LAPD) conducted an undercover drug purchase from Ida Garcia. Garcia consented to a search of her residence on Hoover Street after her arrest and gave the officers the keys to her apartment. At Garcia’s apartment, the officers’ attempts to enter were thwarted by someone inside who relocked the door immediately after officers unlocked it. When the officers were finally able to enter, they conducted a protective sweep with their guns drawn. They found Cadena about to exit the kitchen door, which led to an outdoor staircase. Cadena was detained because the officers believed she could be fleeing with evidence. Cadena was handcuffed and asked for her identification. She directed the officer to her purse and gave permission to look in it. A plastic bag containing a substance resembling methamphetamine was found inside Cadena’s purse near her identification card. Cadena was charged with one count of possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). Cadena moved to suppress a glass bulb and the plastic bag found by the police in her purse. Both contained an off white substance resembling methamphetamine. Cadena argued that the search was incident to an unlawful arrest and therefore any evidence obtained from it should be suppressed. The trial court denied the motion. Although it found Cadena’s detention rose to the level of an arrest, it found her consent was voluntary under the totality of the circumstances. The controlled substance was in plain view during the consensual search.