(Super. Ct. No. CR10-0081)
The opinion of the court was delivered by: Blease , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
After his motion to suppress evidence was denied, defendant Emil Fernandez pleaded no contest to possession of heroin. (Health & Saf. Code, § 11350, subd. (a).)*fn1 Imposition of sentence was suspended and defendant was placed on probation for three years on conditions including completion of a substance abuse treatment program.
On appeal, defendant contends his suppression motion was erroneously denied because the searching officers conducted an unconstitutional protective sweep that led directly to the seizure of the heroin. We shall affirm the judgment.
FACTS FROM SUPPRESSION HEARING
The Adult Protective Services (APS) unit of the Yolo County Department of Employment and Social Services received allegations that defendant, the caregiver for his mother, Connie Fernandez, was using money he had received on her behalf to purchase drugs for himself. On December 23, 2009, APS social worker Maggi Jeffrey performed a welfare check on Fernandez. At Jeffrey's request, Woodland Police Officers Fair and Waldeck accompanied her.
After Jeffrey determined that Fernandez was able to care for herself, she told Officer Fair that, in order to close the case, she needed to speak to defendant who resided in the other unit of Fernandez's duplex.
Officer Fair knocked on defendant's door and a male voice said, "come in." Fernandez opened the door and walked into defendant's apartment. Jeffrey and the two police officers followed.
The apartment was small. The kitchen and living room were, in fact, one large room, akin to a "studio" apartment. A hallway from the kitchen area led to a bedroom.*fn2 When the officers entered, defendant was seated in a wheelchair in the living room, which was the area closest to the front door.
Officer Fair testified that, upon entering the apartment, she "did a protective quick sweep to look for anyone else in the apartment." While Fair conducted her sweep, Officer Waldeck walked to the "kitchen" portion of the "open room" in order to observe both Fair and ...