People v. Najera
| Decision Date | 20 October 2020 |
| Docket Number | G057648 |
| Court | California Court of Appeals Court of Appeals |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. CONRADO NAJERA et al., Defendants and Appellants. |
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINIONAppeal from judgments of the Superior Court of Orange County, Glenn R. Salter, Gary S. Paer, Patrick Donahue, Michael A. Leversen, and Andre Manssourian, Judges. Affirmed.
Michael Ian Garey for Defendant and Appellant Conrado Najera.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant Juan Luis Alonso Benitez.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
Conrado Najera and Juan Luis Alonso Benitez appeal from judgments after they pleaded guilty to three counts of possessing narcotics for sale and quantity enhancements. Najera and Benitez argue trial judges erred by denying their motions to quash and traverse the search warrant, and motions to suppress evidence. None of their contentions have merit, and we affirm the judgments.
FACTS
In a search warrant affidavit, Orange County Sheriff's Deputy Bryan Larson sought to search 100 North Rob Way, Apartment No. 332 (Rob Way), for evidence of methamphetamine sales. He provided the following statement of probable cause. Larson spoke to a confidential informant (CI) who stated the CI could purchase methamphetamine from a man named "Juan," later identified as Benitez. Larson monitored a telephone call where the CI arranged to purchase methamphetamine from Benitez. Minutes later, the deputies watched the CI purchase methamphetamine from Benitez. While Larson met with the CI, the deputies followed Benitez, who was driving a black Honda Civic (Honda) registered to Nydia Avalos, to 118 North Muller Street, apartment No. 204 (Muller Street). Larson determined Benitez lived at Muller Street and he was on probation with a search and seizure condition. After investigating the Honda's history in law enforcement databases, a Drug Enforcement Agency agent (DEA agent) called Larson and told him that about 14 months earlier, he arrested Benitez and two family members for transporting/selling methamphetamine while driving the Honda.
Within 10 days, on December 7, 2016, at about 11:00 p.m., the deputies watched Benitez drive the Honda from Muller Street to Rob Way. Benitez entered the apartment, stayed for a few minutes, and left the apartment. Benitez drove the Honda to another location in Garden Grove, stayed for a few minutes, and drove back to Muller Street.
The next day, at about 8 p.m., the deputies watched Benitez, Avalos, and Ana Trujillo leave Muller Street and get into a blue Jeep Liberty (Jeep) with paper license plates. Benitez drove the Jeep to Rob Way. Najera walked out of Rob Way and got into the Jeep.1 Benitez drove the Jeep until the deputies conducted a traffic stop (Veh. Code, § 5200, subd. (a) [].) The deputies removed the five occupants because of Benitez's probation status and requested a K-9 unit (the canine). Later, the canine alerted to the odor of narcotics in the Jeep. Before a deputy searched Avalos, she appeared to injure her ankle and went to the hospital. At the hospital, a female deputy saw Avalos remove something from her shirt and hide it behind her back; it was a Ziploc bag containing 113 grams of methamphetamine. Based on his training and experience, Larson opined Benitez used Rob Way to store narcotics.
Hours later, a search warrant was issued authorizing a search of Rob Way for evidence of methamphetamine trafficking. The deputies executed the search warrant and found over 10 kilograms of methamphetamine, over 10 kilograms of heroin, and over four kilograms of cocaine. The deputies also found a safe containing over $55,000 and indicia of drug sales. Inside a cabinet in the hallway closet, the deputies found a November 3, 2015, "Notice to Pay Rent or Quit" addressed to Benitez and Najera.
After a complaint charged Najera and Benitez with various drug offenses and enhancements, Najera filed a motion to quash and traverse the search warrant, and a motion to suppress evidence. He argued the detention was unjustified and unreasonably prolonged, Benitez's probation search condition did not justify the search, the patdown search was unreasonable, the canine alert did not justify the detention and search, thesearch of the Jeep was unlawful because Najera did not have access to it, and the search of Rob Way was unlawful. The prosecution opposed the motion.
At a combined preliminary hearing for both defendants, and hearing on Najera's motions before Judge Glenn Salter, the prosecution and Najera offered evidence. Benitez did not join in Najera's motions. On December 7, 2016, deputies Philip Avalos and Boris Garcia conducted surveillance of Rob Way. At approximately 11:10 p.m., Avalos saw Benitez walking alone towards Rob Way. He entered the apartment with minimal, if any, delay. After staying less than five minutes, Benitez left the apartment alone and did not appear to be carrying anything.
The next day, the deputies continued surveillance of Rob Way. At approximately 7:50 p.m., the Jeep left the Muller Street area and drove to the Rob Way area. The Jeep stopped, and a man wearing a black hoodie exited Rob Way empty handed.
At 7:57 p.m., the deputies Tyler Robertson and Jasen DePasquale were on patrol in Anaheim. The deputies were informed to look for the Jeep and develop probable cause to stop it. Robertson saw the Jeep and initiated a traffic stop because he suspected the Jeep was missing a front license plate. The Jeep's back window was tinted. The Jeep pulled over.
Robertson approached from the driver's side, and DePasquale from the passenger's side. Inside the Jeep were Benitez (driver), Najera (front passenger), Avalos, Trujillo, and a baby. Robertson saw the registration was taped to the front windshield.
Benitez stated he was on "active probation" and the Jeep belonged to Najera. Najera explained that because he had recently purchased the Jeep, he had only one paper plate and the registration was taped to the windshield.
DePasquale obtained the registration and was investigated the vehicle identification number (VIN). Robertson collected the suspects' identifications andperformed background checks, which took about 10 minutes. Robertson confirmed Benitez was on probation and subject to a search and seizure condition.2
About 10 minutes after the stop, the deputies had everyone get out of the Jeep. The deputies performed a records check that showed the Jeep was not registered in California. The deputies continued to investigate where the Jeep was registered. Robertson did not write a ticket for the missing front license plate. He did not have an arrest or search warrant at the time of the stop.
Robertson conducted a probation search of Benitez but found no evidence of drug use or sales; he placed him in his patrol vehicle. DePasquale also searched him. Tiscareno searched Najera and had him sit on the curb.
The deputies searched the Jeep. The deputies found a key to Rob Way in the Jeep's center console. Robertson noticed a red button below the steering wheel that connected to the battery. The deputies thoroughly searched the Jeep but found no drugs. However, just below the steering wheel, Avalos saw a switch that was wired into the engine compartment. He also saw the glove compartment fall open to expose a void within the dashboard. Based on the switch and void area, Avalos believed the Jeep had a hidden compartment, and a canine was requested. At 9:04 p.m., a deputy and the canine officer responded to the scene.
About 10 minutes later, Avalos, who was pregnant, stated she hurt her ankle and requested treatment. At approximately 9:20 p.m., paramedics took Avalos to the hospital. Robertson accompanied her in the ambulance. Deputy Christina Strunk followed in a patrol car. At the hospital as Avalos was undressing, Strunk discovered Avalos had what was later determined to be 113.3 grams of methamphetamine hidden inher clothes. Based on the quantity of the substance, Strunk believed it was possessed for sale.
After a probation search of Muller Street uncovered no contraband, Larson drafted the search warrant. Judge Michael J. Cassidy signed the search warrant at 12:39 a.m., and the deputies executed it about 10 minutes later. Najera remained in custody for over five hours.
Najera offered the following evidence. On December 7, 2016, at 11 p.m., Garcia saw Benitez go into the Rob Way walkway, "but did not see him enter the door." Avalos did not see if Benitez knocked on the door or how he got in the apartment. Larson admitted the affidavit was incorrect that Garcia saw Benitez enter Rob Way. He said there was a lot happening and many people were giving him information.
On December 8, 2016, Sergeant Patrick Rich saw the Jeep parked in front of Muller Street. He saw Benitez and two women get into the Jeep. At about 7:50 p.m., Wilder saw a man leave Rob Way and walk through a breezeway. Wilder heard a vehicle door close, but when he got to the alley, the vehicle was gone. Larson admitted the affidavit was incorrect about Wilder seeing the man wearing a black hooded sweatshirt exit Rob Way and get into the Jeep.
As to the traffic stop, DePasquale testified Najera stated he owned the Jeep, the registration bearing Najera's name was taped to the front windshield, and the registration did...
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