People v. Vincent CA3

I. BACKGROUND3

A. Traffic Stop and Search Lodi Police Officer Gerardo Ramirez was on duty in a marked patrol car on the night of March 4, 2023. Around 11:20 p.m., Ramirez saw a Dodge Ram pickup truck drive through an intersection without stopping at the stop sign. Ramirez activated his overhead lights and followed the pickup truck a short distance. As he drove, Ramirez radioed dispatch and learned the truck’s registration had expired in August 2019. Officer Ramirez followed the pickup truck to the parking lot of a small strip mall. The truck parked properly, and Ramirez approached the driver’s side. As Ramirez drew near, he saw defendant’s face in the driver’s side mirror. Ramirez recognized defendant from a prior arrest for armed robbery. Officer Ramirez requested defendant’s license and registration. Defendant turned them over. Lodi Police Officer John DeLeon arrived shortly thereafter. Ramirez instructed DeLeon to stand near the driver’s side door. Defendant remained in the truck,

1 Undesignated statutory references are to the Penal Code.

2 In light of our reversal, we need not address defendant’s other contentions.

3 We derive our summary of the facts from the evidence…