People v. Larios CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Shortly after 1:00 a.m. on February 15, 2013, a City of Hollister police officer was on patrol when he saw a red two-door sedan without a front license plate. The officer initiated a vehicle stop. The vehicle pulled over and the driver, subsequently identified as Larios, got out of the car and ran. As he exited the vehicle, the officer saw Larios drop a black elongated item, which was later found to be a knife with a six-inch fixed blade. As the officer chased after Larios, he observed Larios drop a silver/chrome colored item, later found to be a loaded nine-millimeter/.380-caliber pistol. Other officers joined the pursuit and, upon being cornered, Larios threw several small items, including a cell phone, aside and raised his hands. The cell phone contained messages potentially involving the sale of drugs. After Larios was arrested, the arresting officer contacted a female, Priscilla Rodarte, who had been inside the car with Larios. Rodarte had four dots tattooed on the fingers of her left hand and one dot tattooed on her right middle finger. The officer believed these tattoos were representative of the Nortenos street gang which claims…