People v. Johnson

230 Cal. Rptr. 3d 869, 21 Cal. App. 5th 1026
California Court of Appeal, 5th District·Decided March 28, 2018·No. B282810·Published·Cited by 17 cases

Opinion

PERLUSS, P. J.

*1028Following the denial of a motion to suppress evidence found during a search of his car, Corey Johnson pleaded no contest to one count of sale of a controlled substance (cocaine base) and admitted that the crime had been committed to benefit a criminal street gang and that he had previously been convicted of a serious felony within the meaning of the three strikes law. On appeal Johnson contends the motion to suppress should have been granted because the warrantless search of his car was neither a valid search incident to his arrest nor supported by probable cause to believe the car contained contraband or evidence of criminal activity. We affirm.

*1029FACTUAL AND PROCEDURAL BACKGROUND

1. Johnson's Arrest and the Search of His Car

While monitoring the Nickerson Garden Housing Development on closed circuit television on May 5, 2016, Los Angeles Police Officer Darryl Danaher saw a woman approach a man as he was walking by a baseball field.1 The man produced a knotted clear plastic bag and poured off-white, rock-like substances into his left hand. He then extended his left hand.2 The woman *872picked out one of the off-white solids with her right hand and handed what appeared to be a $5 bill to the man. The two individuals then walked away from each other.

As the transaction was taking place, Officer Danaher called three narcotics officers into the surveillance room to watch with him. When the exchange was completed, the narcotics officers left to try to apprehend the man. Danaher continued watching the closed circuit feed and observed the man walk a short distance, enter a car and drive away. He relayed a description of the car and its license plate number to the narcotics officers.

A short time later the man returned, parked the car inside the housing development and got out from the driver's side. Officer Danaher watched him walk away from the parking area and again transmitted information about the man's location to the other officers.

Two officers, Detective Michael Owens and Officer Joshua Fluty, made contact and arrested Johnson. Owens searched Johnson's pockets and found car keys. He did not find any money or drugs. Owens and Fluty then drove to the parking lot where Johnson's car had been parked, approximately two blocks from the site of the arrest.

The two officers parked their car and approached the vehicle Johnson had been driving. A young woman was in the driver's seat. Officer Fluty walked to the passenger side of the car and saw a small bag containing what appeared to be marijuana in the middle of the front passenger seat. Fluty reported this to Detective Owens, who asked the young woman to step outside the car. When she did, Owens smelled marijuana and saw the bag with marijuana on the passenger seat.3 The woman told Owens she was watching the car for her uncle. Fluty asked her uncle's name; she replied, "Corey."

*1030Detective Owens searched the car. In the armrest of the rear passenger door he found a clear plastic bag containing several off-white solids that appeared to be rock cocaine. He also found a $5 bill and an electronic benefits transfer (EBT) card with the name "Corey Johnson." The substance in the baggie was subsequently tested and found to contain 1.37 grams of cocaine base.

2. The Motion To Suppress

After being charged with possession of cocaine base for sale ( Health & Saf. Code, § 11351.5 ) and sale of a controlled substance (cocaine base) ( Health & Saf. Code, § 11352 ), Johnson waived his right to counsel, pleaded not guilty and moved to suppress the evidence discovered in the warrantless search of his car. ( Pen. Code, § 1538.5.) Several weeks later Johnson withdrew his waiver of counsel. Appointed counsel filed a supplemental motion to suppress.

Johnson's motion was considered by the court in conjunction with the preliminary hearing. After hearing testimony and argument from counsel, the court denied the motion.

The court first found there was probable cause to arrest Johnson after the officers witnessed him selling what appeared to be a controlled substance. (The court pointed out that, although Johnson's face was not identifiable on the video, his shirt and hat-a red and gray/black baseball cap and a shirt with "23" on it-were "unbelievably unique.") The court then ruled *873under Arizona v. Gant (2009) 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 ( Gant ) the officers were entitled to search Johnson's car "if the police have reason to believe that the vehicle contained evidence relevant to the crime of the arrest.... Doesn't matter where it is necessarily. Doesn't matter that it's two blocks away. And under these particular facts, it was pretty clear that they had reasonable belief and probable cause to believe that the narcotics that he had just witnessed in the defendant's hand and the money that was exchanged was kept in a safe place, the safe place being the car that he just exited."

As a second basis to uphold the search the court ruled, because Johnson's car had just been driven, the officers had ample evidence to believe he had transported marijuana in violation of Health and Safety Code section 11360, subdivision (a).4

*10313. Johnson's Plea Agreement

Johnson was originally charged in a felony complaint with one count of possessing cocaine base for sale and one count of selling, furnishing or transporting a controlled substance (cocaine base). The information filed following denial of the motion to suppress evidence added special allegations that the crimes had been committed for the benefit of a criminal street gang ( Pen. Code, § 186.22, subd. (b) ) and Johnson had suffered one prior drug offense ( Health & Saf. Code, § 11370.2, subd. (a) ) and three prior serious felony convictions within the meaning of the three strikes law ( Pen. Code, §§ 667, subds. (b) - (j), 1170.12 ) and had served five prior prison terms for felonies ( Pen. Code, § 667.5, subd. (b) ).

Pursuant to a negotiated agreement, Johnson pleaded no contest to selling cocaine base and admitted the offense had been committed to benefit a criminal street gang allegation and he had one prior strike conviction. The second charge and additional special allegations were dismissed. Johnson was sentenced to an eight-year state prison term.5

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Johnson, 230 Cal. Rptr. 3d 869, 21 Cal. App. 5th 1026 (Cal. Ct. App. 2018).

230 Cal. Rptr. 3d 869 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Konther
California Court of Appeal, 2026
People v. Sandoval CA2/5
California Court of Appeal, 2025
People v. Davis CA5
California Court of Appeal, 2024
People v. Ortega CA5
California Court of Appeal, 2024
People v. Leal
California Court of Appeal, 2023
People v. Togiai CA1/5
California Court of Appeal, 2023
People v. Castro
California Court of Appeal, 2022
In re E.V. CA4/1
California Court of Appeal, 2022
People v. Castro CA2/1
California Court of Appeal, 2022
People v. Yim CA5
California Court of Appeal, 2022
People v. Peters CA1/5
California Court of Appeal, 2022
People v. Kittrell CA4/3
California Court of Appeal, 2021
People v. Sims
California Court of Appeal, 2021
People v. Osoy CA2/7
California Court of Appeal, 2020
People v. Bryant CA4/1
California Court of Appeal, 2020
People v. Lopez CA4/1
California Court of Appeal, 2020