People v. Velasquez CA4/3

FACTS

This case came about almost by happenstance. Investigators from the Orange County District Attorney’s office went to the home of Alicia Rodriguez Jones, to speak with her about something unrelated to the charges ultimately leveled in this case. They were parked and waiting for her when she arrived, driving a car owned by her cousin, Carlos Alberto Ceja. The investigators noted the fence enclosing Jones’ backyard was painted with graffiti identifying the “Los Crooks” gang. When the investigators, who were wearing uniforms and had guns and handcuffs attached to their belts, approached Jones in her driveway, she refused to acknowledge her identity and appeared very nervous. She raised her voice in response to the investigators’ questions, as if to alert persons inside the house about what was happening outside. They followed her to the front door. When Jones opened her door to enter, the investigators followed her inside and announced their presence. They saw Ceja and defendant in the living room, moving toward a sliding glass door that opened to the backyard. The investigators ordered the two men to get down on the floor, and they complied.

3 After the men were searched,…