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People v. Young6/30/2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Following a denial of his motion to suppress evidence (Pen. Code, § 1538.5 ), Mitchell Young pleaded guilty to possession of cocaine base for purpose of sale (Health & Saf. Code, § 11350, subd. (a)) (count 1). The court sentenced Young to state prison for two years. Young appeals, contending the trial court erred in denying his motion to suppress because the officer lacked probable cause to arrest. Young also appeals the denial of his motion to suppress, arguing officers conducted an unreasonable search. Therefore, evidence seized as the direct result of the unlawful arrest and search must be suppressed. We conclude probable cause justified Young's arrest, but the search was conducted in an unreasonable manner. Accordingly, we reverse.
FACTS
On June 11, 2002, Officer David Johnson received information from an informant that rock cocaine was being sold from a residence at 548 West Street (West Street residence) in Southeast San Diego. The informant also told Johnson a black male, named "Mitchey-Boy," would likely purchase rock cocaine that evening at the West Street residence. The informant described Mitchey-Boy as wearing a black knit cap, a black shirt, and brown pants. At about 9:00 p.m., Johnson, along with five other officers (Paul Phillips, Scott Christie, Fernando Ramirez, Ontario Williams, and Richard McCoy), entered Southeast San Diego to surveil the West Street residence. Two weeks before Young's arrest, Johnson arrested two individuals exiting the West Street residence for narcotics possession. Johnson was also present during a search of the residence, which produced a large amount of rock cocaine.
Around 9:45 p.m., Officer Phillips noticed a black male, later identified as Young, walking toward the West Street residence. Seeing Young a half block from the residence, Phillips broadcasted Young's description to other officers. The description matched the information provided by the informant. A few minutes later, Phillips saw Young walking away from the area of the residence. Johnson then ordered the officers to look for Young. When Johnson saw Young running past his patrol car, Johnson honked his horn and then pursued Young on foot. While running, Young threw his knit cap and sweatshirt to the ground. Officer Christie, who joined Johnson's pursuit, ordered Young to stop, and detained Young.
Young was placed under arrest for fleeing from a lawful detention. (§ 148.) Johnson believed Young was lawfully detained because he had reasonable suspicion Young was involved in a drug transaction. Once Young was detained, Johnson recognized Young from previous encounters and knew Young was on parole. Johnson also thought Young could be placed under arrest for violation of parole. Christie performed a patdown search of Young's outer clothing and found nothing. Johnson then ordered Officers Ramirez and Williams to take Young to a patrol car and "conduct a more thorough search of his person - specifically his socks, shoes - and then to do a patdown or outer search of his buttocks area."
Ramirez suspected Young was concealing drugs in his buttocks. When a more extensive search began, Young resisted officers. Johnson then ordered officers to bend Young over the trunk of the patrol car. At this point, a crowd formed in the parking lot. Young's pants were pulled down while four officers held Young's arm
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