P. v. Mayorga CA5
On April 2, 2021, at about 12:32 a.m., a sheriff’s deputy observed defendant entering a convenience store. The deputy knew defendant was on probation, and the deputy detained defendant without incident. As the deputy approached defendant’s vehicle, his girlfriend started to cry and told the deputy she and defendant were not supposed to be together because of a protective order that prohibited defendant from being with her.
The deputy asked the girlfriend to exit the vehicle and then he searched the vehicle. In the girlfriend’s purse, he found two large clear plastic bags with a total weight of 106 grams of methamphetamine. He also found a digital scale with white residue in her purse and another digital scale in the vehicle.
After receiving his Miranda rights, defendant told the deputy he was aware of the protective order, but he and his girlfriend were in love and living together. The deputy searched him and found $808 in cash on his person.
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