People v. Perez
Citation | 260 Cal.Rptr. 172,211 Cal.App.3d 1492 |
Decision Date | 10 July 1989 |
Docket Number | No. H004988,H004988 |
Court | California Court of Appeals |
Parties | The PEOPLE, Plaintiff and Respondent, v. Jesus Roberto PEREZ, Defendant and Appellant. |
Harry Gruber and Gruber & Dawson, San Jose, for defendant and appellant.
John K. Van de Kamp, Atty. Gen., Steve White, Chief Asst. Atty. Gen., John H. Sugiyama, Sr. Asst. Atty. Gen., Christopher J. Wei and David Rose, Deputy Attys. Gen., for plaintiff and respondent.
After defendant Jesus Roberto Perez's motion to suppress evidence was denied, he pled guilty to one count of possession of phencyclidine ("PCP") (Health & Saf.Code, § 11377, subd. (a)) and one count of using and being under the influence of PCP (Health & Saf.Code, § 11550). He was placed on probation on condition he serve 90 days in county jail. Defendant seeks further review of his motion to suppress (Pen.Code, § 1538.5, subd. (m)), claiming he was illegally detained when a police patrol car shined its high beams and spotlights at his vehicle. We conclude for the reasons stated below that no detention occurred and affirm the judgment.
(People v. Long (1987) 189 Cal.App.3d 77, 82-83, 234 Cal.Rptr. 271.) In the present case, we apply federal constitutional law to determine whether the evidence should be excluded. (Id. at p. 83, 234 Cal.Rptr. 271.)
A San Jose police officer testified he was in a patrol car in the early evening when he noticed two individuals in an unlit vehicle parked by itself in a motel parking lot's darkened southeast corner, which was known to be the site of drug-dealing and prostitution. The officer positioned the patrol car head on with defendant's vehicle, although he left plenty of room for defendant to drive away. The officer activated the high beams as well as the spotlights on both sides of the patrol car in order to get a better look at the occupants and gauge their reactions. He did not, however, turn on the emergency lights.
After activating the lights, the officer observed a male driver and female passenger slouched over in the front seat. When they did not respond to the lights, the officer became concerned about their sobriety. He broadcast his location over police radio and indicated he was investigating a "1066"--suspicious vehicle or occupants.
The uniformed officer exited the patrol car, walked to the driver's side of the other vehicle, knocked on the window with his flashlight, identified himself, shined the flashlight into the vehicle, and asked defendant to roll down the window. After speaking in slurred speech through the window several times, defendant eventually rolled it down. The officer immediately detected a strong odor of marijuana. The officer asked defendant to step from the car and arrested him after determining he was under the influence of PCP. The passenger was arrested for the same offense. The officer also recovered an unsmoked cigarette containing PCP which defendant had attempted to discard while alighting.
Relying on our decisions in People v. Bailey (1985) 176 Cal.App.3d 402, 222 Cal.Rptr. 235, and People v. Wilkins (1986) 186 Cal.App.3d 804, 231 Cal.Rptr. 1, defendant contends the actions of the arresting officer constituted a detention unsupported by articulable facts implicating defendant in criminal activity.
In Bailey, we identified the three types of police contact with persons. (176 Cal.App.3d at p. 405, 222 Cal.Rptr. 235.)
In Wilkins, we discussed police "detention" in greater detail. ...
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People v. Tacardon
...directed scrutiny does not amount to a detention.’ " ( Id . at pp. 99–100, 266 Cal.Rptr.3d 193, quoting People v. Perez (1989) 211 Cal.App.3d 1492, 1496, 260 Cal.Rptr. 172 ( Perez ).) However, it rejected the superior court's conclusion that Grubb's interaction with the female passenger tra......
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People v. Luedemann
...v. Stuart, 168 Ariz. 83, 86, 811 P.2d 335, 338 (App.1990) (shining spotlight on vehicle not a seizure); People v. Perez, 211 Cal.App.3d 1492, 1496, 260 Cal.Rptr. 172, 174 (1989) (shining high beams and spotlights on vehicle not a detention; "[w]hile the use of high beams and spotlights migh......
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People v. Garry
...scrutiny. However, such directed scrutiny does not amount to a detention." (Id. at p. 940, 237 Cal.Rptr. 840.) In People v. Perez (1989) 211 Cal.App.3d 1492, 260 Cal.Rptr. 172, a police officer parked his patrol vehicle in front of a car occupied by two people. The officer left plenty of ro......
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...superior court. (Compare, e.g., People v. Brown (1989) 210 Cal.App.3d 849, 854-855, 260 Cal.Rptr. 293, with People v. Perez (1989) 211 Cal.App.3d 1492, 1494, 260 Cal.Rptr. 172.) Defendant first moved to suppress evidence at the preliminary hearing; her motion was denied. She then moved to s......
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Table of cases
...v. Perez (1962) 58 Cal.2d 229, §9:91.9 People v. Perez (1985) 175 Cal.App.3d Supp. 8, §7:20.7, Appendix E People v. Perez (1989) 211 Cal.App.3d 1492, §7:11.2 People v. Perez (1996) 51 Cal.App.4th 1168, §7:20.26.8 People v. Perez (1998) 68 Cal.App.4th 346, §10:56.2 People v. Perez (2015) ___......
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Appendix E
...People v. Gallant (1990) 225 Cal.App.3d 200, 206; People v. Trujillo (1990) 217 Cal.App.3d 1219, 1223; People v. Perez (1989) 211 Cal.App.3d 1492, 1494; People v. Terrones (1989) 212 Cal.App.3d 139, 146. Plaintiff/Respondent, APPENDIX E UNPUBLISHED CASE DIGEST California Drunk Driving Law E......
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Recent Developments in Criminal Law and Procedure
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