People v. Tiss CA3

BACKGROUND FACTS AND PROCEDURE

On the evening of October 1, 2020, California Highway Patrol Officer Justin Haynes was traveling on Interstate 5 in Shasta County when he noticed a vehicle in the number two lane drift slowly to the left such that the left tires “drove over” the raised markers separating the number one and two lanes. The officer then observed the vehicle slowly drift to the right, two to three feet into the number three lane, at which time the driver activated a turn signal and completed the lane change. Officer Haynes stopped the vehicle on the suspicion the driver might be intoxicated. Defendant, the driver, appeared “very nervous,” had “mumbled” speech, and was “not making eye contact.” Officer Haynes asked defendant to step out of the vehicle for a field sobriety test. After concluding that defendant was not under the influence, Officer Haynes began writing defendant a warning ticket. As this occurred, another officer informed Officer Haynes that a broken syringe cap had been observed in plain view on the driver’s

Undesignated section references are to the Penal Code.

2 side seat or floorboard. Officer Haynes requested permission to search the vehicle.…