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State v. Garcia12/12/1989
Defendant Christine Garcia appeals from her conviction for possession of cocaine. For the reasons set forth below, we affirm.
FACTS
In the early morning hours of December 11, 1987, Christine Garcia was a passenger in a vehicle operated by an allegedly intoxicated driver. The vehicle was stopped by Tucson Police Department Officer Laura Ramsey, who had observed it proceeding in the wrong direction on a one-way Tucson street. Because of the presence of the passenger, Officer Ramsey requested a back-up unit so that she could direct her full attention toward the driver. The back-up officer was Kevin Lane.
While police officers proceeded with the arrest of the driver for driving under the influence (DUI), they made certain observations about Garcia. They concluded that she was also intoxicated. At one point, she appeared to be asleep. When questioned as to her location, she stated that she believed that she was in Phoenix rather than Tucson. Based upon Garcia's condition and the fact that the driver of the vehicle in which she had been riding was placed under arrest for DUI, Officer Lane asked her if she wanted a ride home, to which she consented.
Before Officer Lane permitted Garcia to enter his vehicle, he conducted a pat-down search. The officer testified that the pat-down was conducted because Garcia was intoxicated, he did not know her, and he was about to transport her in a police vehicle for approximately four miles. This search disclosed the presence of a hard item in her front pants pocket. The officer feared that the hard item could be a razor, pen, or other item which could be used as a weapon. At the request of the officer, Garcia removed some coins, some paper money, and two pieces of paper. One of the two pieces of paper was crumbled up while the other paper was neatly folded into the shape of a very small envelope. The officer asked Garcia what was inside the envelope and she replied "aspirin." The officer's training and experience led him to conclude that the small envelope contained drugs. He then opened the envelope and observed a powdery white substance which he concluded was cocaine. Garcia was then placed under arrest. Chemical analysis later determined that the substance consisted of 135 milligrams of cocaine.
PROCEDURAL HISTORY
Christine Garcia was indicted for one count of possession of cocaine. Prior to trial, she moved to suppress her statements and the physical evidence seized from her person. During argument on the motions, the following discussion ensued:
[Defense Counsel:] Even if you found again that the pat down was proper, he totally went beyond the scope of the pat down. Everything was removed. There was nothing that she could have done to take any coin and throw it at him or to do anything else . . . .
THE COURT: You don't think seeing the packet folded in the manner that
narcotics are known to be folded in would be enough for him to open the packet?
[Defense Counsel:] Well, no, I don't. And the reason for that is -- also in looking at People v. Dandrea, [736 P.2d 1211 (Colo.1987)] the officers in that case stated it could have been a razor blade; it could have been anything; it could have been some illicit substance. They didn't know what it was. It could have been anything.
THE COURT: That could be a weapon so I'm not concerned about that. But something is produced out of the [defendant's] pocket which sure looks like what the officer apparently has seen many times or at least heard of many times, and you say that all he can do is set that aside, put it out of the way of the defe
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