People v. Charowhas CA4/3

FACTS

The following facts are derived from the hearing on Charowhas’s motion to suppress. (People v. Moore (2006) 39 Cal.4th 168, 171 [“review of ruling on suppression motion limited to record of suppression hearings”].) One evening in March 2022, at about 9:30 p.m., two Sheriff’s deputies in a patrol car observed a motorcycle with an obstructed license

2 plate run a stop sign. They pulled over the motorcyclist, later identified as Charowhas. The first officer, Deputy Geerlings, introduced himself, explained why he pulled Charowhas over, and asked for his driver’s license. Deputy Geerlings took the license back to the patrol car to run a records check while his partner, Deputy Adams, stayed with Charowhas. Deputy Adams then asked Charowhas several questions, and although Charowhas answered some, Deputy Adams “had to re-ask” others. Deputy Adams also observed that Charowhas “seemed uneasy [and] unsettled,” as he kept moving his hand around his chest, on his person, down his sides, and towards his pockets. He also kept turning his head from side to side, and his eyes darted around, as if he was looking for a place to run to or was considering whether to assault the deputies.…