People v. Green

California Court of Appeal Jun 10, 1994 No. B078258Published

Before: Gates

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Holding. The court held that evidence abandoned by a suspect during a police pursuit is admissible because no Fourth Amendment seizure occurs until the suspect submits to police authority. Furthermore, the court held that the officers had reasonable suspicion to detain the appellant based on the totality of the circumstances.

Issues

Whether evidence discarded by a suspect during a police pursuit is subject to suppression under the Fourth Amendment.
Whether the officers had reasonable suspicion to detain the appellant based on observed conduct at a known drug house.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The narrow question before us is whether, with respect to a show of authority as with respect to application of physical force, a seizure occurs even though the subject does not yield. We hold that it does not.”

“The possibility of an innocent explanation does not deprive the officer of the capacity to entertain a reasonable suspicion of criminal conduct.”

[1109]

Opinion

GATES, J.

Derrick Green, also known as Steven Wade, appeals from the judgment entered following a negotiated plea of guilty to possession for sale of a controlled substance (Health & Saf. Code, § 11351) and an admission to having served a prior term of imprisonment within the meaning of Penal Code section 667.5, subdivision (b). He contends: “The trial court committed reversible error in denying appellant’s motion to suppress the evidence found underneath the car in which he was a passenger.”

The uncontradicted evidence established that during the execution of a search warrant on September 3, 1992, Deputy Sheriff Russell Bailey, a highly experienced narcotics officer, found cocaine, firearms, a gram scale and a brown paper bag filled with numerous baggies in the home of one Adrian Lathan, a probationer who admitted he sold cocaine from his residence.

Subsequently, as part of an ongoing investigation, the deputy placed Lathan’s house under surveillance on February 3, 1993. While he watched the residence, a Cadillac pulled up and appellant, Lathan and the driver got out. The three of them rushed into Lathan’s home after initially hesitating in front of the house and “looking side to side in a hurried manner.” Lathan was carrying a brown paper bag.

About 10 minutes later, the driver departed. Shortly thereafter, a fourth man arrived, “looking around in a hurried manner” as he hastened to the front door. He also was carrying a brown bag when he entered and an even larger one when he left.

The driver returned and went into the house for five to ten minutes before exiting with Lathan and appellant. This time appellant had a brown paper bag in his hand. The driver and appellant got into the car and left.

Deputy Bailey immediately radioed assisting narcotics units that the Cadillac was leaving Lathan’s residence and indicated he wanted the vehicle stopped, a “narcotics investigation” conducted and the persons inside identified.

Deputy Sheriff Stephen Underdown and his partner were assigned to follow the Cadillac. They activated their lights and the driver moved toward the right-hand curb as if he were about to stop. However, he then accelerated and attempted to elude the deputies. His efforts were thwarted when he crashed into a stucco wall one and one-half miles into the pursuit. He fled

People v. Green

AI Brief

GATES, J.

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