People v. Rude CA2/6

Filed 7/21/15 P. v. Rude CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B255269 (Super. Ct. No. 2013004886) Plaintiff and Respondent, (Ventura County)

v.

MAXWELL RUDE,

Defendant and Appellant.

Maxwell Rude appeals a judgment of conviction entered following his guilty plea to possession of marijuana for sale. (Health & Saf. Code, § 11359.)1 We conclude that the trial court properly denied Rude's motion to suppress evidence, and affirm. (Pen. Code, § 1538.5, subd. (a)(1).) FACTUAL AND PROCEDURAL HISTORY The Ventura County prosecutor filed a complaint charging Rude with possession of marijuana for sale, and cultivation of marijuana. (§§ 11359, 11358.) Rude filed a motion to suppress the evidence that was obtained during his detention in a traffic stop. This evidence was presented at the combined preliminary examination and suppression hearing:

1 All further statutory references are to the Health and Safety Code unless stated otherwise.

In the course of a "hit-and-run" investigation, a Ventura County sheriff's deputy visited the residence at 144 Charo Avenue in Thousand Oaks. Inside the residence, the deputy smelled a marijuana odor and heard fans operating. A resident informed the deputy that Rude lived there and grew marijuana. Thereafter, Deputies Shane Matthews and Peter Frank conducted surveillance of the Charo Avenue residence and confirmed that Rude lived there. The deputies then obtained a search warrant to search the property. On February 12, 2013, Matthews and Frank drove to the Charo Avenue residence to execute the search warrant. They first conducted surveillance outside for 20 to 30 minutes and saw Rude leave the residence, enter a vehicle, and drive away. Frank instructed another deputy in a marked patrol vehicle to follow Rude and initiate a traffic stop. Matthews testified that the deputy was "following [Rude] away and looking for a reason to stop him." At a point 3.3 miles from the residence, Rude provided a reason--he tossed a burning cigarette from his vehicle. Within minutes, Matthews and Frank arrived at the traffic stop and informed Rude that he would be detained pending execution of the search warrant. Rude was standing outside his vehicle and was not handcuffed. Frank then requested to view Rude's cellular telephone to look for text messages relating to drug sales. Rude consented and provided his telephone. Frank immediately found a text message on the telephone regarding a drug transaction; the text message was the first message that he opened. The two deputies then returned to the Charo Avenue residence to assist in the preliminary execution of the search warrant. Within 10 to 20 minutes of Rude's traffic stop, the deputies arrived at his residence. The search team eventually found 20 marijuana plants, 100 grams of processed marijuana, a scale, and documents addressed to Rude. Matthew Clark, another resident, stated that Rude was growing marijuana and that he assisted Rude in packaging and selling the drug. Within 10 to 15 minutes of their arrival, Matthews and Frank allowed other deputies to complete execution of the warrant and they returned to Rude's traffic stop.