People v. Parker CA4/2

FACTS AND PROCEDURAL HISTORY

On January 1, 2011, Officer Nicholas Barth was on patrol in Palm Springs. At

12:27 a.m., i.e., just after the clock turned over into the new year, Officer Barth heard

another officer announce on the radio that shots had been fired. Officer Barth was

patrolling on North Palm Canyon Drive, and the suspected shots fired had occurred near

a bar about a mile from Barth.

Officer Barth decided to investigate. He drove southbound on North Palm Canyon

Drive, passing a convenience store and a hotel along the way. Officer Barth saw a man,

later identified as defendant, walking northbound along North Palm Canyon Drive. The

man wore a dark hooded sweatshirt, dark colored pants, and a flat-brimmed hat that he

had pulled down, obscuring his face. The man was about one-fourth of a mile away from

the bar where the shots had been reported. The short distance from the bar, together with

the man’s dark clothing, drew Officer Barth’s attention. In addition, as Officer Barth

drove past the man, the man appeared to look right at the officer; he then put his hands in

his pockets and looked away. Officer Barth thought the man might be involved in a

2 shooting,…