People v. Bourque CA5

STATEMENT OF FACTS

I. Prosecution’s case-in-chief

On July 1, 2022, at approximately 2:12 a.m., officers Alexander and Hearn of the Bakersfield Police Department were in their patrol vehicle when they observed a “mid- 2000s white Chevrolet [Silverado] pickup truck driving through the parking lot” of a gas station. Defendant, who was driving the truck, parked next to a pump and exited “in a northeast direction.” The officers pulled up behind the truck to “read the license plate and conduct a records check” because vehicle thefts—“specifically Chevy Silverados”—

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531.

2. were prevalent in the area. The records check showed the license plate belonged to “a 1992 Chevy,” which did not match the newer model before the officers. The officers detained defendant, who was carrying a “small folding knife.” An inspection of the truck revealed a damaged ignition switch, which “looked like something had been forced inside to start the vehicle” and was “consistent with vehicles [the officers] see that are stolen.” Officer Alexander inserted the knife into the…