Bush

On the evening of September 16, 1997, Officer Gary Deming of the Oroville Police Department stopped a vehicle because the vehicle had no registration stickers on the rear license plate.

Defendant Thomas Robert Bush was the driver and sole occupant of the car. Officer Deming radioed the dispatcher to check the vehicle registration and defendant’s license. Deming learned that the registration was not current and that defendant’s license had been suspended. Additionally, the dispatcher advised Deming that defendant “had a history of violence, possession of weapons and was reported to be a kick-boxer.” Unbeknownst to Officer Deming, the dispatcher relied on computer records citing an alert from. September 15, 1991, that indicated defendant “Has History of 12021/ 12025 PC, Very Violent, Kick Boxer.” The trial court found that Deming “was given the impression this was a current item on the report.”

After another officer arrived, and because Deming was concerned for his safety, Deming had defendant get out of the car.

Deming was concerned that defendant might have a weapon so he looked inside the passenger compartment of defendant’s car. Directly underneath the driver’s seat,…