Sales

FACTS

At about 8:30 p.m. one summer evening in 2011, 19-year-old Paul Quintanar1 was behind a convenience store in Tustin with his 14-year-old girlfriend. Officer Gleason of the Tustin police department, who was in uniform and on duty in a marked police car, performed a “pedestrian check” on the couple based on the difference in their ages. He approached the couple and asked what they were doing in the alley. Gleason then asked the couple if they had anything illegal in their possession. Paul admitted to possessing marijuana and concentrated cannabis, which he claimed to have purchased legally; he then consented to a search of his person. Gleason called for backup, searched Paul, and found marijuana and other contraband. Gleason believed Paul was in violation of Health & Safety Code section 11357, subdivision (a) (possession of concentrated cannabis). He also suspected Paul was involved in drug sales and contributing to the

1 We hereafter use Paul’s first name for clarity purposes. No disrespect is intended.

2 delinquency of a minor. After conferring with the officers who arrived as 2 backup, Gleason decided to place Paul under arrest. While Gleason was attempting to handcuff…