People v. Soto CA5

FACTS

As the sole issue presented on appeal is related to the motion to suppress, we will confine our factual summary to the facts adduced at that hearing. Hearing on the Motion to Suppress Bakersfield Police Officer Dean Barthelmes was dispatched to the 2400 block of Valentine Street regarding a report of loud music at approximately 10:48 p.m. He was accompanied by Officer King. The two were in a marked patrol vehicle, wearing police uniforms, and armed with firearms. Upon arriving in the area, the officers rolled down their windows, lowered the volume on the radio, and drove slowly through the area, listening for any loud music. The officers drove substantially slower than the 25-mile- per-hour speed limit. While driving in the area, Barthelmes observed Soto and Perez seated in a parked vehicle at the end of Valentine at its intersection with Hughes Lane. Soto was in the driver’s seat while Perez was in the passenger seat. Upon noticing the vehicle, Barthelmes activated his spotlight and illuminated the vehicle’s interior. He was between 50 and 100 feet away. He did so to determine

1All further references are to the Health and Safety Code unless otherwise indicated.

2Perez…