P. v. Stanner
Filed 8/10/06 P. v. Stanner CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
----
THE PEOPLE, Plaintiff and Respondent, v. SHAUN STANNER, Defendant and Appellant. | C051080
(Super. Ct. No. 05F02606)
|
Defendant Shaun Stanner pled no contest to possessing methamphetamine for sale after the trial court denied his motion to suppress the evidence against him. The evidence was found during a search of his residence because his cohabitant was on searchable probation.
On appeal, defendant contends the trial court erred in denying his suppression motion because: (1) the searching detectives lacked sufficient reason to believe that the probationer lived with defendant; and (2) at minimum, the detectives had an obligation to investigate further to determine the probationer's residence. We disagree and shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Sacramento County Sheriff's Detective Chris Maher learned from a confidential informant that Rhonda Peters would be transporting methamphetamine on March 24, 2005. The informant gave Detective Maher a description of Peters's vehicle, the license plate number, and the geographic area where she would be driving. The informant also told the detective that Peters and her boyfriend lived together near that area and were selling methamphetamine. The informant said that most of the methamphetamine was kept at that residence.
Detective Maher found the vehicle that the informant described. The vehicle, driven by a female, had the license plate number the informant gave. Detective Maher stopped the vehicle and asked the driver her name. She replied that her name was Rhonda Peters. She gave her identification card to Detective Maher, and he confirmed she was on searchable probation. He also discovered that there was a felony warrant for her arrest.
The address on her identification card was on Robertson Avenue and was Peters's address of record with probation. Peters seemed â€