P. v. Welch

Filed 7/20/06 P. v. Welch CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

Defendant Tobias Welch pleaded guilty to manufacturing methamphetamine and related offenses after his motion to suppress evidence seized by police during a warrantless search of a residence was denied. (Health & Saf. Code, § 11379.6, subd. (a); Pen. Code, § 1538.5.) The trial court found that the police officers reasonably relied upon court records indicating that a co-occupant of the house was on probation and subject to warrantless searches, and also found that exigent circumstances justified the search. We affirm the judgment of the trial court upon concluding that the police officers acted in good faith.

FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background

On December 9, 2004, defendant was indicted for manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), possession of components to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)(1)), possession of chemicals with the intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (g)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and conspiracy to manufacture and distribute methamphetamine while armed with a firearm (Pen. Code, §§ 182, subd. (a)(1), 12022, subd. (a)(1)). On April 5, 2005, defendant moved to suppress the evidence. (Pen. Code, § 1538.5.) While the motion was being heard, an additional indictment was filed June 24, 2005, charging defendant with additional counts of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), possession of components to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)(1)), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). On July 29, 2005, the trial court denied defendant's motion to suppress. On August 18, 2005, the arming enhancement was stricken by motion of the People. Defendant pleaded guilty on all counts and was sentenced to five years in state prison for manufacturing methamphetamine with concurrent and stayed terms on the remaining counts.

B. Factual Background

On May 4, 2004, at approximately 4:30 a.m., Sergeant Leonard Orman[1] was on foot patrol in the area around a residence on Birch Avenue in Antioch (residence). Initially, Sergeant Orman made contact with a woman later identified as Margaret Byrnes. She was parked in a vehicle in front of the residence. When Byrnes exited the vehicle to speak to the officer she appeared to be â€