People v. Johnston CA5

FACTS

At approximately 4:00 p.m., on September 22, 2010, Merced Police Officers Cruz Jasso and Reynaldo Alvarez were traveling in a marked patrol car through a residential area when they saw a brown sport utility vehicle (SUV). Alvarez testified he recognized the passenger in the SUV as a gang member and parolee “with search terms,” and directed Cruz, who was driving, to stop the vehicle. As Cruz made a U-turn to pull in behind the vehicle, Alvarez informed him that one of the vehicle’s brake lights was not functioning, and, Jasso testified, shortly thereafter he “initiated a traffic stop.” The SUV pulled over and stopped, and appellant, who was driving, got out, ran off and jumped over a fence into a backyard. Alvarez gave chase. At one point in the pursuit, no more than two minutes after appellant initially fled from the car, Alvarez saw appellant standing “within inches” of some recycling bins next to a fence in the front yard of a house. The two made eye contact and appellant ran off

2 and jumped a fence. Other officers converged on the area and began searching for appellant and, Alvarez testified, approximately five to 10 minutes after the vehicle stop, he learned appellant…