In re C.G. CA6

BACKGROUND

Viewed most favorably to the judgment, evidence at the suppression hearing established that on the afternoon of May 12, 2011, Salinas Police Officers Robert Zuniga and Gerardo Magana were driving through the North Gate Village apartment complex, with which they were familiar because of recent service calls prompted by Norteño gang members congregating in the area, drinking alcohol, and causing disturbances with security personnel. The officers noticed two cars next to each other in the complex‘s parking area. One was a green Toyota Camry occupied by five people. The other was a white Dodge Intrepid, next to which stood two men with what appeared to be an alcoholic beverage resting on the hood. Officer Zuniga stopped the patrol car behind the Camry, without engaging the patrol car lights, and both officers approached the cars on foot. Officer Magana approached the Intrepid while Officer Zuniga approached the Camry. Upon detecting the odor of marijuana emerging through the Camry‘s open windows, Officer Zuniga called for additional units. He recognized the driver and three of the passengers, including G.C., and knew all of them to be Norteño gang members. G.C. was sitting…