The People v. Ermi
216 Cal. App. 4th 277
| Cal. Ct. App. | 2013Background
- On August 1, 2011, Oxnard Police conducted a probation search of Ronald Williams' apartment; Williams was on probation with search terms.
- Appellant Brandy Ermi, Williams's girlfriend, lived with him and shared the bedroom where the search occurred.
- A purse on a chair in the bedroom was opened by the officer; Ermi claimed the purse was hers and needed medication from it.
- Inside the purse and elsewhere in the bedroom, officers found methamphetamine, a lighter, a glass pipe, a makeup bag, a scale, and other drug paraphernalia; Williams was arrested.
- The trial court denied suppression, finding Williams shared control or access to the bedroom and its contents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May a probation search reach common areas shared with nonprobationers? | Woods supports joint control or access as search scope. | Appellant argues lack of sole probationer control limits search. | Yes, search may include shared areas with joint control. |
| Was the purse within Williams' control or access in the shared bedroom? | Prosecutor relied on joint control evidenced by shared bedroom. | Appellant contested that purse could be owned by girlfriend. | Evidence supports Williams' control or access to the purse. |
| Does Veronica and Baker limit apply to the instance of a male probationer with a girlfriend's purse? | Veronica and Baker distinguish but do not bar evidence when joint control exists. | Contends purse ownership cannot be inferred for a male probationer. | Distinguishes Baker; purses in shared space may be searched if joint control exists. |
| Should suppression be granted given the observed evidence? | Probation search rationale justifies admission of evidence. | Evidence should be suppressed due to lack of probable joint control. | No suppression; substantial evidence supports control or access and admissible. |
Key Cases Cited
- People v. Woods, 21 Cal.4th 668 (Cal. 1999) (probation search may include areas the probationer shares or controls)
- People v. Smith, 95 Cal.App.4th 912 (Cal. App. 2002) (control or access to items in the residence matters for probation search)
- People v. Veronica, 107 Cal.App.3d 906 (Cal. App. 1980) (object ownership not exclusively controlling, circumstances matter)
- People v. Baker, 164 Cal.App.4th 1152 (Cal. App. 2008) (purse ownership not always attributable; context matters)
- People v. Schmitz, 55 Cal.4th 909 (Cal. 2012) (probation search in shared spaces and reasoning of control)