People v. Chalak

Filed 3/11/20 CERTIFIED FOR PUBLICATION

APPELLATE DIVISION OF THE SUPERIOR COURT

STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

THE PEOPLE, APP-18-008503

Plaintiff and Respondent, (Super. Ct. No. 18016487)

v.

ARSHIA CHALAK, OPINION

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Francisco County, Robert M. Foley, Judge. (Retired judge of the Santa Clara Sup. Ct., assigned by the Chief Justice under art. VI, § 6 of the Cal. Const.) Reversed. Erica G. Franklin, under appointment by the Appellate Division, for Defendant and Appellant. Suzy Loftus, Interim District Attorney, Chesa Boudin, District Attorney, and Natalie B. Fuchs, Assistant District Attorney, for Plaintiff and Respondent. _________________________

A jury convicted appellant of domestic battery. Appellant argues that the trial court committed reversible error when it denied his motion to suppress evidence. After considering the record, arguments, and applicable law, the judgment is REVERSED. Our reversal on this ground makes it unnecessary to reach appellant’s arguments regarding testimonial statements, prosecutorial misconduct, and jury instructions.

I. FACTS AND PROCEDURAL HISTORY

On October 22, 2018, at about 1:30 p.m., San Francisco Police Department Officer Philip Leung drove to Macy’s at 170 O’Farrell to investigate a report of domestic violence. Leung met Amyah S., who said that her ex-boyfriend hit her earlier that day. Amyah described her ex-boyfriend as a “mid-Eastern male, 6’ tall, approximately 150 in weight, wearing a gray Nike jumpsuit and black slip-ons.” Leung broadcasted the description with his pic radio. Dispatch also provided “a rough basic description.” Amyah told Leung that her ex-boyfriend “is known to carry weapons, but . . . did not see any weapons on him today.” Leung broadcasted the suspect may have a gun. Leung’s sergeant notified him that “they found a possible suspect.” Between 20-60 minutes later, Leung drove Amyah to the suspect, appellant Arshia Chalak, who was at Mason and Geary, near Union Square. Appellant, wearing a black tracksuit, was handcuffed and surrounded by multiple police officers. Leung asked Amyah if the man in the black tracksuit was the person who hit her. Amyah, sitting in the front passenger seat of Leung’s patrol vehicle, said that the man was not the one who hit her.