People v. Morello CA1/4

I. BACKGROUND

In March 2022, the Contra Costa County District Attorney’s office filed a single count information charging Morello with violating section 2800.2, and for violating his probation by commission of that offense. (Pen. Code, § 1203.3). A. Officer Walker’s Testimony At the ensuing trial, Officer Daniel Walker of the Concord Police Department testified that on February 3, 2022, he and his partner were on patrol in Concord, California as part of the “Special Enforcement Team.” The team was “a proactive unit that goes out and addresses various problems in the community,” such as “neighborhood issues.” Walker was wearing a black police uniform, displayed a cloth patch star and his name, and wore “full uniform gear,” which included a radio, duty belt, firearm, taser, and baton. Walker and his partner were patrolling in an unmarked patrol vehicle that, according to Walker, enabled the team to “proactively enforce the high crime areas with less of a signature. But . . . it’s not very sneaky.” Such cars were “basically a cop car without the overhead light bars. That is, the overhead light bars are placed inside . . . the front windshield. [¶] And instead of a big white door…