People v. Chan CA4/3

Filed 12/30/13 P. v. Chan CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048071

v. (Super. Ct. No. 12WF2430)

PANHA RITH CHAN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dan McNerney, Judge. Affirmed. Jill Kent, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Panha Chan was convicted of transporting cocaine that was found in the trunk of his car during a traffic stop. He contends the cocaine was unlawfully seized because the stop was unduly prolonged, but we disagree and affirm the judgment. FACTS On the night of September 8, 2012, Garden Grove Police Officer Brian Dalton noticed a car with illegally tinted windows heading north on Brookhurst Street. After following the car for a few moments, he activated his overhead lights, and the car pulled over to the side of the road. Dalton then pulled up behind the vehicle in his squad car. According to recording equipment in his car, the stop occurred at 6:53 p.m.1 While his partner approached the passenger side of the car, Dalton contacted its lone occupant, Chan. Dalton told Chan why he stopped him and asked for his driver’s license, registration and proof of insurance. Chan seemed nervous. Rather than making eye contact with Dalton, he looked straight ahead, swallowing and stuttering at times. However, he provided all of the items Dalton requested. Dalton took Chan’s paperwork back to his car to “check his license status” and “run him for wants and warrants.” Not finding any wants or warrants, he then walked back to Chan’s car and contacted him again. At this time, Dalton did not have Chan’s paperwork with him, nor did he write him a ticket. Instead, he twice asked Chan if there was anything illegal in his car. Both times Chan said no. He also asked Chan if he could search his car, and Chan said he would like to have his lawyer present. At that point, Dalton had Chan step out of his car and patted him down for weapons. Not finding any, he sat Chan down on the curb. This was about five minutes into the stop.