People v. Williams CA5

FACTS

On October 8, 2012, at approximately 6:48 p.m., Bakersfield Police Officers Alexander Paiz and James Jones were in a marked patrol car traveling south on Martin Luther King Boulevard when they saw Williams, Jermaine Womack and Derrick Gage walking together across the street towards the Aneese Market.2 Williams was slightly in front of the other two men.3 As Williams reached the curb, Officer Paiz got out of the patrol car and asked Williams if he could talk to him. Williams reached into the lower cargo pocket of his shorts, removed a cigarette box, and discarded it. He then turned

All further statutory references are to the Penal Code, unless otherwise indicated. Both officers were former members of the gang unit. Officer Paiz was aware from his experience in that unit that the Aneese Market was in an area of high narcotics trafficking activity and that any type of narcotic could be purchased at that location. Although Williams contends he was only in the presence of Gage and Womack, Officer Jones testified that all three were walking together.

2 toward Paiz and asked, “What? What’s up?” Officer Paiz asked Williams if he had any weapons or contraband…