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The People v. Lou Finh Saephahn et al

October 26, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LOU FINH SAEPHAHN ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. No. 10F01439)

The opinion of the court was delivered by: Butz , J.

P. v. Saephahn

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following the denial of their suppression motion, co-defendants Lou Finh Saephanh (Lou) and Sou Finh Saephanh (Sou)*fn1 pleaded no contest to possession of methamphetamine for sale. (Health & Saf. Code, § 11378.) The trial court placed Lou on five years of formal probation subject to 180 days in county jail, and sentenced Sou to 16 months in state prison.

On appeal, co-defendants contend the trial court erred in denying their suppression motion. We shall affirm.

FACTUAL BACKGROUND

We take the facts from the hearing on co-defendants' suppression motion.*fn2

On February 11, 2010, Sacramento Police Detective Chris Starr received information from a confidential informant that a person with the street name "Shadow" was on parole and selling methamphetamine in an area within Sacramento County. Starr investigated the information and determined that Shadow was Chia or Liam Saechao, who was associated with a house on Eagle Park Drive in Sacramento County. He found the house through a nearby parked car associated with the suspect.

Detective Starr and other officers conducted surveillance of a house at 7607 Eagle Park Drive on February 24, 2010. He saw multiple subjects approaching the house by foot or vehicle. They would go inside and then exit the house within several minutes. Based on the information from the confidential informant, Starr's observations of the home, and other information, Starr obtained a warrant to search the Eagle Park Drive house.

On March 3, 2010, Detective Starr and other officers conducted surveillance of the residence in preparation of serving the search warrant. The surveillance began at 7:00 a.m. and lasted for four to five hours. Starr noticed about 10 to 12 short visits by people who would knock on the door, enter, and leave a few minutes later.

At 7:45 a.m., Detective Starr saw a black Nissan Sentra driven by Lou arrive at the residence. Lou exited the car and entered the house without knocking on the door. He left about six minutes later with an Asian male with whom he drove off in the Sentra. Lou was also seen leaving the house again at 12:11 p.m., but the surveillance team did not see him enter the house a second time. Lou was alone the second time he left, and drove off in the Sentra.

Detective Starr reported Lou's second departure over the radio, and another detective told officers to conduct a traffic stop on Lou's car. Sacramento Police Detective Jonathan Houston heard the radio dispatch regarding the Sentra. He had also attended the earlier briefing concerning the search warrant on the Eagle Park Drive residence, where he was advised of the ...


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