People v. Smith CA3

FACTS AND PROCEEDINGS

Around 3:30 p.m. on November 7, 2011, Sacramento County Deputy Sheriff Shaun Hampton was on routine patrol in the area of 37th Avenue and Nina Way, which borders a well-known high crime area where prostitution, narcotics activity, and gang violence are prevalent. After seeing defendant walking down the street away from him, Deputy Hampton parked his patrol car and got out of the car and approached defendant from behind. The officer did not turn his emergency lights on. Defendant turned around to face the officer. At that point, Deputy Hampton saw defendant was carrying a black nylon bag approximately 6 by 12 inches wide with two zippered pouches, a smaller one in the front and a larger compartment in the back. Deputy Hampton began talking to defendant in a casual manner, asking him how he was doing and where he was going. In response, defendant immediately jumped back and blurted out that he was not on probation or parole. Defendant’s hands were fidgety.

2 After telling him to relax and that it was okay, Deputy Hampton asked defendant for his identification. Defendant handed his wallet to Deputy Hampton and then began to reach inside one of the black bag’s…