People v. Seegmiller CA1/3

Filed 3/3/22 P. v. Seegmiller CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A161735 v. (San Mateo County MILES JOSEPH PASION Super. Ct. No. 19NF001530A) SEEGMILLER, Defendant and Appellant.

Defendant Miles Joseph Pasion Seegmiller pleaded no contest to attempted murder and second degree robbery, arising out of his shooting and robbing a victim. (Pen. Code, §§ 664, 187, subd. (a), 212.5, subd. (c).)1 On appeal, Seegmiller argues the trial court erroneously denied his motion to suppress evidence — incriminating statements, a firearm, and passcode information for his cellphone — obtained when police officers detained and pat searched him shortly after the shooting. According to Seegmiller, officers lacked a reasonable suspicion of his involvement in criminal activity necessary to detain and pat search him. We disagree and affirm. BACKGROUND In January 2019, Seegmiller and his girlfriend met the victim in Seegmiller’s neighborhood to buy marijuana. The victim arrived in a car.

1 Undesignated statutory references are to the Penal Code. 1

Seegmiller instructed his girlfriend to sit in the front passenger seat of the victim’s car, while Seegmiller sat in the back seat behind the victim. After the victim and Seegmiller talked for a few minutes, Seegmiller fired a gun at the back of the victim’s head, hitting him in the neck. Seegmiller grabbed the marijuana and fled. His girlfriend fled in a different direction. The victim drove to a nearby school and immediately called 911. Within four minutes of the victim’s call, police officers responded to the victim’s location at the school. Several residents in the neighborhood were standing outside watching the police activity. One block away and while driving toward the school, Sergeant Daniel Gil observed Seegmiller walking in the street. He was walking at a brisk pace away from the school. Rather than swinging his arms naturally, Seegmiller pinned his arms toward his stomach and his hands covered his stomach area. Gil noted Seegmiller was wearing a hooded sweatshirt, even though, according to Gil, it was 80 degrees Fahrenheit outside. Seegmiller’s hood was pulled tightly around his head and partially concealed his face, which was sweaty. He appeared out of breath — his mouth was gaping open, he was taking deep breaths, and his shoulders were visibly rising and falling. Unlike the other persons in the neighborhood, Seegmiller appeared disinterested in the police activity. Although he did not yet have a description of the suspect, Gil believed Seegmiller’s behavior was consistent with a person fleeing a crime scene. Seegmiller walked past Gil, but Gil turned to follow him. Gil then radioed Officer Phillip Nielsen, who was farther down the street, to stop Seegmiller. As Seegmiller approached Nielsen’s police car, Seegmiller put his hands in the front pocket of his sweatshirt. Pursuant to Gil’s instructions, Nielsen stopped Seegmiller and ordered him to show his hands and place them on the hood of Nielsen’s vehicle. Due to Seegmiller’s hand placement 2