Crowder

Background

On March 26, 1998, Escondido Police Officer Robert Curtin was on evening patrol and noticed three males walking out of a parking lot. The only vehicle in the immediate vicinity was a red truck. Curtin drove around the block and ran the plates on the truck, discovering that it had been reported stolen.

By the time Curtin returned to the area, the three individuals were gone. Curtin parked his vehicle and called for a cover unit, then left his car and searched on foot for the men. A few minutes later, he located two of them standing by a different truck. Officer Curtin approached the men, one of whom was defendant Joe Colin Crowder. Curtin asked for his identification, which identified him as Joe Crowder.

Curtin noticed that Crowder exhibited symptoms of someone under the influence of a drug. Specifically, when Curtin shone his flashlight in Crow-der’s face, Crowder’s pupils reacted slowly to the light, and the sclera of his eyes were red. Crowder’s breath did not smell of alcohol. Curtin then measured Crowder’s pulse at 120 beats per minute. The officer also observed a thick, white coating on Crowder’s tongue, which he stated is frequently caused when people…