People v. Garcia CA5

FACTS

At the suppression motion hearing, an officer testified that while he was on duty November 5, 2012, at about 5:13 a.m., he observed a man walking in a residential neighborhood in the dark. As the officer approached, he saw mail sticking out of the man’s pocket and he became suspicious. The man lifted his sweater and pulled it over the mail to conceal it. The officer asked him if he was on probation or parole, and he answered he was on parole. He said he was just going for a walk. He explained that he had a tan Ford Ranger and it was parked around the corner on a certain street. The officer examined the mail and saw that it was addressed to Diana P. at an address within 50 to 100 feet from where they were standing. As they spoke, a tan Ford pickup turned from the street the man had named and pulled up behind the patrol car. It stopped momentarily and then proceeded around the patrol car very slowly. The officer motioned with his flashlight for the pickup to stop because it matched the description of the pickup the man had given him. Defendant, who was driving, stopped the pickup in the road approximately parallel to the patrol car. The officer walked to the passenger’s side…