Valencia
People v. Valencia
Opinion
Opinion
Ramirez, J.
Angelo Valencia pleaded nolo contendere to transporting cocaine (Health & Saf. Code, § 11352, subd. (a)) and was sentenced to prison. He appeals, contending his motion to suppress (Pen. Code, § 1538.5) was erroneously denied. We reject his contentions and affirm.
Facts
Officer Gray of the California Highway Patrol (CHP) testified that around 8:40 a.m. on January 24, 1991, he spotted Valencia, Valencia’s brother and Ysidro Nunez under a canopy at a gas station in Needles. The three men got into Valencia’s Bronco and went across the street to a market. As the Bronco accelerated across the street, and from a distance of 20 to 25 feet , Gray heard what he termed “loud exhaust” coming from the vehicle. He then saw the men go into a market and come back outside, get into the Bronco and onto 1-40 going west. Gray denied that he was surveilling the men.
Gray, who had the windows of his cruiser rolled down, followed the Bronco on the freeway and pulled up beside it to make sure that the exhaust was loud. Having satisfied himself that it was, and that this constituted a violation of Vehicle Code section 27150, he activated his red lights, just after the Bronco passed the exit…