The People v. Bursey CA2/1

BACKGROUND

Police Report LAPD Officer Algren prepared the police report attached to Bursey‟s Pitchess motion. According to the report, on December 7, 2011, Officers Algren, Escamilla and Malik were on patrol in an unmarked vehicle in an area claimed by the Rolling 60‟s criminal street gang. At about 5:50 p.m., the officers drove by several people who were standing in front of a residence that was known as “an active gang location where Rolling 60 gang members trespass, congregate and sell narcotics.” As the officers drove southbound, one of those people (not Bursey) “nervously looked at” the officers “and then quickly walked northbound away from the location.” Officer Algren, who was driving, stopped the police vehicle and the officers exited and began “to investigate.” Officer Malik approached the man who had walked away from the residence. According to the police report, the man told Officer Malik “he did not want to be seen or

1 Statutory references are to the Penal Code unless otherwise indicated. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531. 3 Bursey also sought discovery of records relating to numerous other types of misconduct by the officers, but he does not…