People v. Jackson CA5

Filed 7/18/16 P. v. Jackson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F071328 Plaintiff and Respondent, (Kern Super. Ct. No. LF010257C) v.

GLEN RICHARD JACKSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Robert F. Kane, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent.

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* Before Gomes, Acting P.J., Peña, J. and Smith, J.

Appellant Glen Richard Jackson appeals the denial of his motion to suppress the methamphetamine found in a search of his residence. Appellant claims he was illegally detained prior to the search and, if not, that any later search exceeded the bounds of his consent. For the reasons set forth below, we affirm. FACTUAL1 AND PROCEDURAL BACKGROUND In response to a recent series of thefts, police officers in Kern County placed a GPS tracker in a piece of equipment so that its movements could be monitored. On or around August 19, 2014, the police received a signal indicating the equipment had been tampered with and was now located at 8300 Fuller Drive. Kern County Sheriff’s Officer Casey Brunsell was dispatched to investigate the incident. No warrant was obtained to aid in the investigation. When Officer Brunsell arrived at the Fuller Drive address, he encountered Donald Christy in the driveway. Mr. Christy was the owner of the Fuller Drive residence. He was questioned about the potential theft and admitted to stealing the equipment. Mr. Christy gave Officer Brunsell consent to search his residence and his backyard, and informed Officer Brunsell that there were other people living in a trailer in the backyard. In searching the backyard, Officer Brunsell came across the previously mentioned travel trailer with its front door open. From the outside, Officer Brunsell could see appellant sleeping inside. Officer Brunsell called to appellant multiple times, until appellant awoke, identifying himself as a police officer and instructing appellant to come to him. Appellant complied. As appellant sat up, Officer Brunsell saw appellant was holding something in his hands. Officer Brunsell told appellant to place the object down and to come to the door. Again, appellant complied. Officer Brunsell then asked appellant to step out of the trailer before explaining to appellant that he was conducting an investigation. Officer Brunsell asked appellant if he