People v. Osotonu CA1/3

DISCUSSION

On appeal, defendant contends the trial court erred in denying suppression of the contraband seized from his person and his car and in denying his Romero motion to dismiss his 1997 strike prior. We address these contentions in turn. A. Suppression Motion In challenging the denial of his suppression motion, defendant contends (1) the traffic stop was unlawfully prolonged; (2) his consent to the search of his person was unlawfully obtained and invalid; and (3) the search of his person was not otherwise supported for officer safety reasons. The People disagree, as do we. 1. Circumstances Surrounding the Search The evidence at the suppression hearing consisted of Officer Piceno’s testimony, as well as video of the traffic stop recorded by his bodyworn camera (“BWC”). Officer Piceno and his partner observed defendant driving a car with no front license plate in violation of the Vehicle Code. Piceno initiated a traffic stop, activated his BWC, and approached defendant’s car. Piceno informed defendant that he stopped the car because of the license plate violation. Piceno observed defendant was visibly sweating and had “glassy, watery eyes” and a “brown or burnt type…