People v. Gates CA4/3

FACTS

On December 6, 2009, Riverside County Sheriff Deputy Joshua Little stopped a car that was driven by Lafayette Jones, a member of the Sex Cash Money

Pitchess v. Superior Court (1974) 11 Cal.3d 531.

2 (SCM) criminal street gang. Gates, Harold Ransom, and Jeffrey Davis, Jr., were passengers in the car. Gates told Little he was an affiliate of the SCM gang. He produced his school identification card from a red child’s backpack. On December 7, Kenya Guiterrez left her home on Lateen Drive in Moreno Valley at approximately 7:50 a.m. Later that afternoon, Guiterrez realized her home had been burglarized, and that several items of personal property had been taken, including a .40-caliber Smith & Wesson handgun. Around 1:00 p.m. that afternoon, Gates and Daryl Knighten went to a recycling center in Moreno Valley. Gates was carrying a red child’s backpack. Knighten and Gates approached Krongsak Worasing, a worker at the recycling center, with a bag of recyclables. Worasing sorted through the items and told Gates and Knighten he could give them $1.61 for the lot. Worasing noted the amount in his ledger, and Gates signed the ledger, but he used the false name, James Baily. Gates…