People v. Walton CA1/5

Filed 2/10/15 P. v. Walton CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A141180 v. ROBERT L. WALTON, (San Francisco County Super. Ct. No. SCN220955) Defendant and Appellant.

Robert L. Walton challenges the denial of his motion to suppress evidence seized from him after he was detained by police. Walton’s sole contention on appeal is that the police’s use of excessive force converted an admittedly permissible investigative detention into a de facto arrest. He claims the trial court erred in denying his motion to suppress and seeks reversal of his conviction so that he may withdraw his guilty plea.1 We conclude that under the circumstances of this case, the actions of the police did not convert the detention into a de facto arrest. Accordingly, we will affirm.

1 Although Walton’s conviction was entered after a negotiated disposition in which he pleaded guilty to one of the charges against him, this does not preclude him from challenging the denial of his motion to suppress. (Pen. Code, § 1538.5, subd. (m) [“A defendant may seek further review of the validity of a search or seizure on appeal from a conviction in a criminal case notwithstanding the fact that the judgment of conviction is predicated upon a plea of guilty.”]; Cal. Rules of Court, rule 8.304(b)(4)(A) [no certificate of probable cause required for appeal from denial of motion to suppress under Pen. Code, § 1538.5].)

1

FACTUAL AND PROCEDURAL BACKGROUND At the preliminary hearing San Francisco Police Officer Craig Tiffe testified that at 5:46 p.m. on June 1, 2013, he and his partner Officer Eric Reboli were at 16th and Mission Streets, looking for narcotics activity. Officer Tiffe had a crime alert notification advising that on May 21, 2013, two suspects had robbed two victims at the Eula Hotel on 16th Street. The notification gave descriptions of the two suspects, who were identified as David Jason White and Rachael Barnes. It also included images taken from the hotel’s surveillance system. While at 16th and Mission, Officer Tiffe saw Barnes, whom he knew “by name and by person[.]” Standing with Barnes was an adult African-American man who matched the general description of the crime alert notification. Officer Tiffe directed Officers Obidi and Mayo to detain the man to determine his identification. While Officer Tiffe continued his surveillance, Officers Obidi and Mayo approached the man, who was later identified as Walton. When Walton saw the officers, he “quickly walked away.” Walton began to run when Officer Obidi ordered him to stop. As Walton and the officers ran down 16th Street, Officer Obidi ordered him to stop “or he would strike him with his department-issued baton.” When Walton refused to stop, Obidi struck him with the baton. As Walton and Obidi struggled at the southwest corner of 16th and Hoff Streets, Walton reached toward the area of his waist band. Officer Mayo arrived to assist Officer Obidi. Either Officer Obidi or Officer Mayo attempted a carotid restraint on Walton, who was subsequently struck again with the baton. During the course of the struggle, Officer Obidi heard a metallic object strike the pavement. The metallic object was a loaded firearm. Walton was arrested and handcuffed while he lay on the ground. A search of his person uncovered suspected heroin, marijuana, and pills. Officers also seized a distinctive key chain and a cell phone. Officers Tiffe and Reboli searched Walton’s car, which was parked at 16th and Mission. The officers found suspected cocaine, narcotics paraphernalia, ammunition, and various articles of clothing. The clothing found in the car matched that worn by the male suspect in the Eula Hotel surveillance video.