People v. Pina CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Search Warrant Santa Cruz Police Officer William Azua, Jr., requested a warrant authorizing the search of (1) Pina’s person and (2) the premises at 304 3rd Street in Santa Cruz. The search warrant was supported by Azua’s affidavit, which Azua requested be sealed to protect the identity of an informant. On June 14, 2012, a superior court judge issued the search warrant and signed an order sealing Azua’s affidavit. B. Pina’s Arrest On June 21, 2012, eight Santa Cruz police officers were surveilling room 117 at a motel on Ocean Street in Santa Cruz. Santa Cruz Police Officer Alex Martin, an agent with the Santa Cruz County Narcotics Task Force, was the case officer in charge of the surveillance. 2 At about 1:00 p.m., Pina and a woman named Lisa Mercuri exited room 117. Pina was wearing a backpack and carrying a cell phone. At Agent Martin’s direction, two uniformed officers stopped Pina and handcuffed him. Agent Martin approached Pina and the officers and told Pina why he was being detained. Agent Martin removed Pina’s wallet from his pocket and searched it, finding Pina’s identification and a small amount of money. Agent…