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The People v. Christopher Anthony Vogelsang

August 31, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CHRISTOPHER ANTHONY VOGELSANG, DEFENDANT AND APPELLANT.



(Super. Ct. No. 62096408)

The opinion of the court was delivered by: Robie , Acting P. J.

P. v. Vogelsang

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Christopher Anthony Vogelsang appeals from a judgment entered after his motion to suppress evidence was denied. Defendant pled guilty to possession of methamphetamine for sale and two other charges. The trial court sentenced him to nine years and eight months.

On appeal, defendant contends the trial court erred in denying his motion to suppress the evidence of the methamphetamine found in a bag on his motorcycle. Defendant argues that the probable cause to search his motorcycle was the result of: (1) an unlawful detention; and (2) the officer's coercive demand that he admit having drugs. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2010, Sergeant Brad McKenzie of the Placer County Sheriff's Department was traveling on a freeway at 70 miles per hour when defendant, on his motorcycle, came up beside the patrol vehicle, waved, and continued on. At 12:08 a.m., Sergeant McKenzie made a traffic stop after pacing defendant at 80 miles per hour. Sergeant McKenzie noticed defendant exhibiting signs of methamphetamine intoxication.

Between 12:08 a.m. and 12:14 a.m., Sergeant McKenzie asked defendant if he had a valid driver's license. Defendant stated he did not have a motorcycle driver's license and was not sure if his driver's license was suspended. Defendant also told Sergeant McKenzie where he was coming from and admitted the use of methamphetamine a couple days prior and what house he got his methamphetamine from.

At 12:12 a.m., based on Sergeant McKenzie's observation of defendant's methamphetamine intoxication, Sergeant McKenzie requested a back up unit to assist him with a search.

At 12:14 a.m., Sergeant McKenzie made an inquiry to dispatch on defendant's status.

At 12:15 a.m., Deputy Josh Tindall arrived as a back up unit. Around the same time, dispatch informed Sergeant McKenzie that defendant did not have a motorcycle endorsement.

Sergeant McKenzie asked defendant if he had any drugs on his person or on the motorcycle. Defendant admitted he had marijuana. Sergeant McKenzie asked defendant if he could search the bag on defendant's motorcycle. Defendant replied, "'[w]ell I'm not real sure if you can search.'" Sergeant McKenzie then said, "'[y]ou need to be completely honest with me. If you have any drugs in your vehicle [sic], you need to let me know.'" Defendant replied, "'I have the dope in the car ...


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