P. v. Swearengin
During a traffic stop on July 15, 2008, Officer Eric Angle searched defendant Roy Swearengin, but did not find any contraband. Defendants passenger, Carolyn Cengiz, was searched by Officer Alisha Slater, who found two baggies of methamphetamine in Cengizs waistband. Cengiz said that defendant gave her the contraband and told her to hide it because he was on parole. Cengizs statement to Officer Slater was corroborated by a recorded conversation between Cengiz and defendant in the back of the patrol car while officers searched defendants residence. When defendant asked her whether the officers found the methamphetamine, Cengiz replied, well of course. Saying, [y]ou said to stash it somewhere, Cengiz told defendant: Well where else am I going to put it? I put it in my pants and she [Officer Slater] fucking, she pulled my pants out and it [the baggies of methamphetamine] fell [out]. The search of defendants residence disclosed paraphernalia for smoking methamphetamine. Despite defendants claim that he did not know there was methamphetamine in his van, and his denial that the paraphernalia at his residence belonged to him, a jury convicted him of possession and transportation of methamphetamine (Health & Saf. Code, 11377, subd. (a), 11379, subd. (a)), and concealing evidence (Pen. Code, 135). Thereafter, defendant admitted he had served a prior prison term. (Pen. Code, 667.5, subd. (b); further section references are to the Penal Code unless otherwise specified.)
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