People v. Wilson CA3

Filed 9/19/16 P. v. Wilson CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C079874

Plaintiff and Respondent, (Super. Ct. No. MF038015A)

v.

MICHAEL SHANNON WILSON,

Defendant and Appellant.

After the trial court denied defendant Michael Shannon Wilson’s motion to suppress evidence (Pen. Code, § 1538.5), defendant pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and transportation or sales of methamphetamine (Health & Saf. Code, § 11379), and admitted the truth of numerous

1

enhancement allegations. Placed on formal probation for five years, with a suspended prison sentence, defendant appeals his conviction.

On appeal, defendant contends the trial court erred in denying his motion to suppress because the People failed to present evidence sufficient to prove the impounding and subsequent inventory search of his vehicle was warranted by the community caretaking exception to the Fourth Amendment. Defendant’s claim is forfeited. We affirm the judgment.

BACKGROUND

On May 20, 2014, around 10:30 p.m., defendant was stopped at a driving under the influence (DUI) checkpoint and directed into the “investigation area,” where he spoke with police officer Daniel Peters. Officer Peters “was told” defendant was driving without a license. Defendant admitted his license was suspended. Officer Peters confirmed the suspension, arrested defendant, and impounded his car. Officer Peters conducted an inventory search of the car.

During the inventory search, Officer Peters found several bags of methamphetamine (totaling 37.8 grams) and other indicia of drug use and sales. Officer Peters then searched defendant’s person and found hypodermic needles and $573 in cash.