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Name: People v. Ledesma
Case #: A097337
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/28/2003
Subsequent History: Rev. denied 5/14/03.
Summary

Under the facts known to them, the police could conduct a protective sweep of a house which a probationer with a search condition had identified as her residence and which they verified with county records. Although she could not enter the house the day before because it was locked, she had pointed through the window at some keys and said they were probably hers. When officers returned the next day, the police noticed two cars parked in front of the house and a trailer in the driveway. Defendant answered the door and said the probationer did not always live there and had not been there in a while. Defendant escorted the officers to a bedroom he identified as the probationer’s. The officers believed defendant was under the influence of drugs. They conducted a protective sweep and saw defendant slide several bindles of methamphetamine into a dresser drawer in defendant’s own bedroom. Otherwise, the officers would not have been able to search defendant’s room pursuant to the search condition.