People v. Perez

[1494]

Opinion

AGITANO, P. J.

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.

“On appeal, we review the evidence in a light favorable to the trial court’s ruling on the suppression motion. [Citations.] We uphold those express or implicit findings of fact by the trial court which are supported by substantial evidence. [Citations.] Insofar as the evidence is uncontradicted, we do not engage in a substantial evidence review, but face pure questions of law. [Citations.] We must independently determine whether the facts support the court’s legal conclusions.”

(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.)

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.