People v. Muendel CA3

BACKGROUND

An amended information charged defendant with unlawful transportation of fentanyl (Health & Saf. Code, § 11352, subd. (a); count one) and unlawful transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count two). The Trial On October 6, 2022, Folsom Police Department Detective William Maslak observed a truck with extremely dark window tinting driving out of the entrance of a gas station. The truck had a white rear light which, like the dark window tinting, was a Vehicle Code violation. Detective Maslak initiated a vehicle stop, but the driver of the truck continued driving for approximately a half-mile, swerving from lane to lane and into a bike lane. Eventually, the truck pulled into a parking lot. Detective Maslak had defendant, the driver of the truck, step out of the vehicle and sit on the ground. Detective Maslak’s partner, Detective Andrew Graham, stayed with defendant while Maslak returned to the truck. Detective Maslak observed defendant’s cellphone on the truck seat and two baggies containing what appeared to be narcotics on the floor of the truck. After Detective Graham moved defendant from the ground to the police vehicle, Detective…