People v. Allen CA4/3

DISCUSSION

A. The Trial Court Did Not Abuse Its Discretion By Admitting Evidence Allen Was on Parole

The court granted Allen’s pretrial motion to exclude evidence he was on

2 1 parole when Cortez searched him. Cortez testified on direct examination during the prosecution’s case-in-chief he conducted a lawful search and found Stanley’s stolen property in Allen’s pants pocket. On cross-examination, the following exchange occurred: “[DEFENSE COUNSEL]: And during this search, you found a driver’s license, Visa card, Chase card, and Social Security card in his right front pocket; correct? [DEPUTY CORTEZ]: Yes. [DEFENSE COUNSEL]: He cooperated – he didn’t resist your contact at that point? [DEPUTY CORTEZ]: No, sir. [DEFENSE COUNSEL]: He cooperated with you at that point?” Before Cortez could answer, the prosecutor requested a side bar conference. The prosecutor argued defense counsel’s question was misleading because it elicited testimony implying Allen freely cooperated with the search because he had nothing to hide. Allen, however, was required to submit to the search because he was on parole. The prosecutor noted Allen based his defense on a claim he did not know the items he…