People v. Wesley CA3

FACTS

Narcotics Case On October 22, 2011, about 7:00 p.m., Stockton Police Officer Jeffrey Pope contacted defendant near the intersection of Hunter and Church Streets. Defendant was found to be in possession of about 11 grams of rock cocaine. Firearm Case On January 23, 2013, around 11:20 a.m., defendant was contacted in the area of Sonora and Hunter Streets in Stockton and was found to be in possession of a .40-caliber Smith & Wesson handgun. Defendant was prohibited from possessing a firearm as a result of his 2009 conviction of possession for sale of cocaine.

DISCUSSION

I Defendant’s Motion To Suppress Evidence Defendant contends the trial court erred in upholding the warrantless detention and search that yielded the rock cocaine. He claims Officer Pope and his partner, Stockton Police Officer Frank McCutcheon, detained him unreasonably before he admitted to the officers that he was on parole subject to a search condition. In defendant’s view, it was arbitrary, capricious, and harassing for the officers to focus their suspicions upon him simply because, unlike other people in this high-crime area, defendant was “ ‘clean’ ” and

2 appeared to have “ ‘showered.’ ” Defendant…