P. v. Blue CA5
On June 7, 2019, a Modesto police officer saw defendant using a city-owned electrical outlet to charge a personal electronic device. Believing this to constitute theft of public utilities or a similar crime, the officer approached defendant and told him “that the outlet that he was using was intended for City devices … and that he wasn’t supposed to be using it.” While conversing with defendant, the officer “asked him for his identifying information, and [defendant advised] that he was on probation.” The officer performed a records check and confirmed defendant was “on an active grant of PRCS,” i.e., postrelease community supervision. Based on defendant’s status, the officer “proceeded with a search of a bag that he had with him.”
Defendant was found in possession of a pipe and approximately one ounce of methamphetamine.
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