P.
P. v. Ortiz CA2/5
Opinion
Opinion
I. FACTS
A. Prosecution
Appellant was a captain with the Los Angeles Fire Department and a reserve deputy with the Los Angeles Sheriff‟s Department. On December 30, 2011, a baggie of cocaine fell from the area of his waistband and landed on the ground as he walked through the sheriff‟s department. The baggie was eventually found by a sheriff‟s deputy. Surveillance video showed the floor clear of debris prior to appellant‟s entry into the area. After a sheriff‟s deputy spoke to appellant about the issue, appellant contacted Andrew Grzywa—the battalion fire chief in charge of his unit. Appellant told Grzywa that the sheriff‟s department had taken his credentials because a controlled substance may have fallen from his pocket at the sheriff‟s station. Appellant said the baggie containing the substance could have been something he collected when participating in an arrest. However, three days later he called Grzywa and changed his story. Grzywa described appellant‟s second explanation as follows: “[A] few months prior . . . he got into . . . his own personal vehicle, and discovered a small baggie of what he believed to be cocaine. At that point in time, he explained . . . that . . .…