People v. Gamboa CA4/2

FACTS AND PROCEDURAL HISTORY

At the change-of-plea proceedings, defendant stipulated that the police report

would provide a factual basis for the plea. According to the police report, Deputy

Solomon, on patrol on the freeway, saw a vehicle make an unsafe lane change. He

effected a traffic stop on the vehicle. Pedro Esparza was the driver of the vehicle, and

defendant was the passenger. When Deputy Solomon was talking to defendant, at the

open passenger window, he noticed that defendant was nervous and shaking. Deputy

Solomon also smelled the odor of marijuana emitting from inside the car. Defendant

denied that there was any marijuana in the car.

Esparza, the driver, was also visibly nervous. Based on the nervousness of the

occupants of the vehicle, as well as the odor of marijuana, Deputy Solomon believed the

occupants were involved in criminal activity. The driver refused permission to search the

car, but gave the deputy permission for his drug dog to sniff around the car. Deputy

Solomon then had his drug-sniffing dog walk around the outside of the car. The dog

jumped into the open window and alerted in the back deck area of the backseat. Deputy

Solomon took the…