In re J.A. CA5

FACTS

At 10:00 p.m., on May 28, 2012, Daniel Ramos parked his Ford Thunderbird at his house in Porterville and left the key under a seat. At 4:00 a.m., the following morning, Ramos discovered the car missing. On May 29, 2012, at approximately 4:00 p.m., California Highway Patrol Officers Kenneth McCord and Jose Benitez were in an unmarked patrol car when they located the Thunderbird in an apartment complex parking lot in east Porterville. The officers then began surveillance of the car from several hundred feet away. Shortly before 6:00 p.m., appellant and two other Hispanic males got into the Thunderbird, with appellant sitting in the front passenger seat. The officers then drove into the parking lot to stop the Thunderbird, which by that time had backed up and was ready to drive away. Officer McCord activated his patrol car’s emergency lights. The driver of the Thunderbird attempted to drive around the patrol car but Officer McCord was able to block his path. Both officers exited the patrol car with their badges and weapons at their sides, yelling, “Police officer, stop.” Initially, appellant and the other males in the Thunderbird complied with the officers’ commands not to…