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People v. Pressey10/16/2002
CERTIFIED FOR PUBLICATION
Appellant Sandy L. Pressey pled no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and misdemeanor driving under the influence of drugs (Veh. Code, § 23152, subd. (a)), and was placed on probation. He contends that the court erred in denying his motion to suppress evidence. The principal issue is whether probable cause to believe that a person uses illegal drugs automatically provides probable cause for a warrant to search the person's home for those drugs. We hold that it does not.
I. RECORD
Appellant's sought to quash a warrant that was issued to search his residence; the motion was based entirely on the warrant and the supporting affidavit of Napa Police Officer Brian Campagna. Campagna stated that he and Sergeant Donaldson were riding in an unmarked police vehicle around 4:30 p.m. on April 11, 2001, when they noticed appellant driving erratically and requested a marked police car to pull him over. Officer Rosin responded and stopped appellant. When Rosin and Campagna approached the car, they detected a strong odor of marijuana. Rosin determined that appellant was driving under the influence of marijuana and a central nervous system stimulant, and placed him under arrest. Rosin searched appellant and found 1.5 grams of methamphetamine in a glass vial inside in a fanny pack appellant wore around his waist. Rosin found a marijuana cigarette in an ashtray in the car. Appellant told Rosin that he lived at an address on Villa Lane in Napa, which was listed as his residence in DMV records.
Two hours after the arrest, Campagna obtained a warrant to search appellant's residence for methamphetamine, marijuana, and property associated with their use. Campagna indicated in his affidavit that he had been a police officer for five years, and had worked the last two and half years as an undercover narcotics agent. He described his drug enforcement training and experience, and stated: "It has been my experience and the experience of other experienced narcotics investigators with whom I have spoken that persons involved in the use and transportation of methamphetamine and marijuana will normally have most if not all of [various enumerated] items of evidence [associated with use, storage, and transportation of methamphetamine and marijuana] within their temporary or permanent residences, businesses, vehicles, storage areas, storage containers or on their persons. . . . [ ] It has been my training and experience that users of controlled substances and narcotics will keep additional quantities of controlled substances and narcotics at their residence in addition to what they carry on their person's while away from their residence. Controlled substance and narcotic users will keep quantities of controlled substances and narcotics at their residence so they always have a source to satisfy their addiction or habit."
The warrant was executed a few minutes after it was issued; the police found 10.3 grams of methamphetamine and 20.2 grams of marijuana packaged in small plastic baggies, measuring scales, $1,335 in cash, and various items of drug paraphernalia at appellant's residence.
The motion to suppress was heard and denied by the judge who had issued the warrant. Appellant maintained that the warrant affidavit did not establish probable cause, and that the warrant was not sought in good faith. The court found that probable cause was demonstrated, and did not reach the good faith issue.
II. DISCUSSION
A. Probable Cause
Appellant renews his argument that the search warrant was issued without probable cause. The question is "whether, given all the circ
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