People v. Jaramillo CA4/3

FACTS

I.

CIRCUMSTANCES OF THE CHARGED OFFENSES

Just after 1:30 a.m. on a Thursday, Newport Beach Police Officer Quinton McKay initiated a traffic stop of a Dodge Durango on Pacific Coast Highway for having a nonfunctioning rear license plate light. The vehicle yielded and stopped “immediately” and the officer did not observe any furtive movements or suspicious behavior from its occupants. Officer McKay approached and asked Jaramillo, who was driving, to roll down the windows. Looking inside, Officer McKay saw a large backpack on the front passenger seat, a male passenger sitting in the rear right seat, and several tools on the

2 left rear seat directly behind Jaramillo. He recognized a couple of the tools to be power tools, including an electric pipe cutter and a Sawzall reciprocating saw, and commented to Jaramillo and the passenger that there were “a lot of tools.” Officer McKay asked whether either occupant was on probation or parole, requested their identification, and asked if the vehicle was Jaramillo’s. The passenger said he did not have identification on him. Jaramillo denied being on probation or parole, provided his identification, and said the vehicle belonged to…