People v. Llamas CA2/6

DISCUSSION

Motion to suppress Llamas first contends the trial court erroneously denied his motion to suppress the evidence obtained during his detention and arrest. We disagree. 1. Background Prior to trial, Llamas moved to suppress evidence obtained during his detention and arrest. At a hearing on Llamas’s motion, Heersche said that during his patrol on the night of Llamas’s alleged crime he heard a noise consistent with a large metal door being manipulated. A tire store in the area had such doors. Llamas was near one of them. He was bent over and balancing a bicycle in one hand. Llamas stood up and “nervously walked away from the door” to the tire store when Heershce approached. Heersche did not think these actions were consistent with someone who worked at the store. He thought Llamas may be trying to break in, and detained him to investigate. Llamas appeared to be intoxicated. He denied that Heersche was a sheriff’s deputy, and put the bicycle between the two of them. He called Heersche names, using racist and homophobic language. He told Heersche to take off his badge so the two of them could fight. Based on these actions Heersche believed that Llamas was obstructing the…