P. v. Maiden CA2/5
In May 2017, the Los Angeles County District Attorney charged defendant Norman Maiden, Jr. (defendant) in a single-count information with a violation of Health and Safety Code section 11370.1(a), possession of a controlled substance while armed with a firearm. The charges were predicated on evidence that, on August 7, 2016, police pulled defendant over while driving a tow truck and subsequently recovered cocaine after a search of defendant’s person, as well as marijuana and a firearm after a search of the truck.
Defense counsel moved to suppress the cocaine and the gun on the grounds that the detention was unduly prolonged and there was no probable cause for the search of the vehicle. The trial court denied the motion, finding: the detention was not unduly prolonged under Rodriguez v. United States (2015) 135 S.Ct. 1609, the cocaine was recovered pursuant to a search incident to arrest, and the officer had probable cause to search the interior of the tow truck.
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