California Court of Appeals, Fourth District, First Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
APPEAL from a judgment of the Superior Court of San Diego County, No. SCS264898 Ana L. Espana, Judge.
[Copyrighted Material Omitted]
Henry C. Coker, Public Defender, Randy Mize, Chief Deputy Public Defender. Emily Rose Weber and Robert L. Ford, Deputy Public Defenders, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.
HUFFMAN, Acting P. J.
Shauntrel Ray Brown entered a guilty plea to one count of driving with a measurable blood alcohol level of 0.08 percent or greater (Veh. Code, § 23152, subd. (b)). Brown admitted that he had suffered three or more prior convictions for driving under the influence within the previous 10 years and that his blood alcohol at the time of this offense was 0.15 percent or greater (Veh. Code, §§ 23550, subd. (a); 23578).
The court sentenced Brown to two years in local custody pursuant to Penal Code section 1170, subdivision (h).
Brown appeals contending the trial court erred in denying his motion pursuant to Penal Code section 1538.5 to suppress evidence on Fourth Amendment grounds. We will find the trial court properly decided the officer had reasonable suspicion to detain Brown and that the court correctly concluded that in any event, Brown was already stopped before the deputy attempted to contact him.
In our analysis of the issues presented in this case we conclude that when a vehicle is already stopped, without police action, merely activating emergency lights on a police vehicle, without more, does not constitute a
seizure within the Fourth Amendment. Accordingly, we will disagree with the decision in People v. Bailey (1985) 176 Cal.App.3d 402 [222 Cal.Rptr. 235] (Bailey), on which Brown relies.
STATEMENT OF FACTS
Since the only issues raised in this appeal relate to the denial of the motion to suppress evidence we will recite the facts from the transcript of that motion.
On the evening of May 26, 2013, a 911 call was made to the San Diego County Sheriff's office reporting that a fight was taking place in an alley in the City of Imperial Beach. The recording of the call was played for the court during the suppression motion.
The caller, who provided his location to the dispatcher, reported a fight involving a number of people in an adjacent alley. There was a reference in the call to the presence of a loaded gun possibly involved in the affray. The Sheriff's dispatcher alerted Deputy Geasland about the "fight call" and the location. The ...