People v. MacDonald CA6

I. FACTUAL BACKGROUND

Our summary of the facts is taken from the testimony at the August 14, 2013 suppression hearing. Santa Cruz Sheriff’s Deputy Wiley Griffin-Bagno testified that, shortly after midnight on February 25, 2013, he observed a white truck parked illegally in a location known for narcotics activity and burglaries. Deputy Griffin-Bagno determined that the truck was registered to Lonnie Locatelli--someone Deputy Griffin-Bagno knew to have been involved with stolen vehicles, narcotics, and other crimes--and that the truck’s registration was expired. When Deputy Griffin-Bagno approached the vehicle, he did not recognize its three occupants. Lance Vomvolakis was in the driver’s seat, MacDonald was in the passenger seat, and Victoria Todd was sitting in the middle of the truck’s bench seat. There was a backpack at MacDonald’s feet. Vomvolakis told Deputy Griffin-Bagno that he had recently purchased the truck. At Deputy Griffin-Bagno’s request, all three occupants provided identification. MacDonald did so after getting out of the vehicle and reaching into the backpack sitting on the floor of the truck. Deputy Griffin-Bagno assumed MacDonald had gotten the…