P. v. Mejia
Filed 6/8/06 P. v. Mejia CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. VICTOR M. MEJIA, Defendant and Appellant. | A110813 (Solano County Super. Ct. No. FCR214895) |
Defendant contends that his conviction for possession of methamphetamine for sale (Health & Saf. Code, § 11378) was based on evidence seized in violation of his right to be free from unreasonable searches and seizures under the Fourth Amendment to the United States Constitution. The trial court found that the police officers had initially detained defendant because of a violation of the Vehicle Code and then legally searched him and his vehicle as the officers had probable cause to arrest him for resisting arrest (Pen. Code, § 148).[1] We uphold the lower court's ruling.
BACKGROUND
Defendant was arrested on March 26, 2004, after police officers found, among other things, methamphetamine in his vehicle. On April 1, 2004, defendant was charged by complaint with a variety of offenses, including possession of a controlled substance, methamphetamine, for sale (Health & Saf. Code, § 11378).[2] Defendant posted bail and was released.
On June 23, 2004, defendant moved to suppress evidence in case No. 1. On November 10, 2004, the magistrate heard and denied the motion to suppress in conjunction with defendant's preliminary hearing.
At the preliminary hearing, the court heard the following evidence. Approximately 5:00 p.m., on March 26, 2004, Vacaville Police Officer Stuart Tan was on patrol with Detective Chris Waldrop. The officers were dressed in full uniform and were in an unmarked black patrol car. Tan spotted defendant driving a Toyota Forerunner that did not have front or rear license plates. The Forerunner did have a temporary operating sticker with a â€
