P. v. Zimmerman CA2/7

Filed 4/17/13 P. v. Zimmerman CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B237016

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA067836) v.

ERIC MATTHEW ZIMMERMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Cynthia L. Ulfig, Judge. Reversed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Stacy S. Schwartz, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________

Following the denial of a motion to suppress evidence, Eric Matthew Zimmerman was convicted by a jury of transportation of a controlled substance and possession for sale of a controlled substance. Zimmerman contends the methamphetamine found in his car should have been suppressed as the fruit of an unlawful search. We reverse. FACTUAL AND PROCEDURAL BACKGROUND On October 25, 2010 Los Angeles County Sheriff’s deputies Mark Vencer and John McKay stopped Zimmerman for driving over the speed limit. As Deputy McKay approached the car, Zimmerman “was highly irate” and “screaming profanities.” McKay told Zimmerman to place his hands on the steering wheel, but Zimmerman said with his voice raised, “You can’t tell me what to do. You have no right to be stopping me.” The deputies placed Zimmerman in the back of the patrol car to ensure officer safety. After it was determined Zimmerman’s driver license was suspended, he was arrested. During an inventory search of the car, Deputy Vencer found three small, individually wrapped packages of methamphetamine inside an empty cigarette box in the trunk. No drug paraphernalia, drug packaging materials, scales, excess cash or records regarding drug sales were recovered. McKay testified Zimmerman did not appear to be under the influence of methamphetamine. At the preliminary hearing Zimmerman moved to suppress the evidence recovered during the inventory search and statements he made after the arrest on the ground the 1 search was conducted to find incriminating evidence. Deputy McKay testified the inventory search was conducted for Zimmerman’s benefit because the deputies intended to tow the car and documenting valuable articles prevents the towing company from stealing anything. McKay explained, however, the officers did not complete the inventory because they decided not to tow the car, which was in an area where McKay believed it would be safe from theft or vandalism: “[B]ased on the fact . . . [Zimmerman] had not been notified by the courts yet that his license had been suspended, he had no