People v. Williams CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On August 13, 2012, defendant Williams and his friend, Charlette Vigil, were parked on Barrell Springs Road in Palmdale while listening to music in Vigil’s car. They were in an isolated area that had no lights and was surrounded by Joshua trees and brush. Police officers routinely patrolled this area at night because it is a place where people consume drugs and commit various crimes. About 9:00 p.m., Los Angeles County Sheriff Deputies Gustavo Munoz and Robert Hawkins were on patrol when they noticed Vigil’s car. They pulled up behind it and exited their patrol car. While Munoz made contact with Vigil, who was in the driver’s seat, Hawkins approached Williams, who was in the front passenger seat. Hawkins asked Williams if he were on probation or parole. When Williams said he was on parole, Hawkins had him step out of the car for a parole compliance search. While Hawkins conducted a pat-down search, Williams became agitated and complained Hawkins was violating his rights. After the pat-down search,…