People v. Gallardo

Opinion

MOORE, J. The Orange County District Attorney challenges an order of the trial court granting defendant’s motion pursuant to Penal Code section 1538.5 and dismissing the indictment against him. We find there was no violation of the Fourth Amendment and therefore reverse the order granting the motion and dismissing the information.

I

FACTS

On July 4, 2004, Orange County Deputy Sheriff Mark Froome was on patrol in Lake Forest when he saw a truck with a smashed taillight. He made a traffic stop of the vehicle, which defendant was driving. Froome told defendant he had stopped him because of the taillight and inspected defendant’s license and registration.

[237]Froome then asked defendant if there was anything illegal in the car, like weapons or drugs. Defendant said there was not, and the deputy asked for permission to search. Defendant agreed and stepped out of the car. According to Froome, a very short period of time, approximately two minutes, had elapsed from his initial contact with defendant.

Froome proceeded with his search and found a case containing a glass methamphetamine pipe, two small plastic bags each containing a white crystalline substance, and two cut straws. Based on his training and experience, Froome testified that the pipe was used to smoke methamphetamine, while the straws could be used to inhale it. He further testified the bags contained a usable amount of the substance, and a presumptive test returned positive for methamphetamine.

Defendant was arrested and later charged with one count of felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and one count of misdemeanor possession of paraphernalia (Health & Saf. Code, § 11364). No citation was written for the broken taillight.

Defendant moved, pursuant to Penal Code section 1538.5, to suppress all evidence obtained as a result of the search. Defendant argued the detention was unlawful for lack of reasonable suspicion, and because the detention was illegally prolonged, the consent given was invalid. The trial court granted the motion and dismissed the case. The prosecution now appeals.