People v. Wilson CA6

I. Statement of Facts

At about 8:00 p.m. on June 5, 2012, Deputy Adam Guzman was on patrol in a marked patrol vehicle when he noticed defendant riding his motorized scooter. The deputy drove behind defendant for about 50 yards and then honked his horn for “one second,” because the scooter was loud and he wanted to get defendant’s attention. According to the deputy, it was not a standard car horn and produced a sound similar to an air horn. Defendant turned and looked at the deputy. Deputy Guzman did not activate either his emergency lights or his sirens. He also did not shout at defendant, give him any orders, or make any movements indicating that he wanted defendant to pull over. After defendant pulled over to the right shoulder of the road, Deputy Guzman notified dispatch that he was making contact with an individual and parked his vehicle about 15 feet in front of defendant. The patrol vehicle did not prevent defendant from driving away. Deputy Guzman exited his vehicle, approached defendant, and asked him in a conversational tone of voice if he could speak to him. Defendant said, “Sure. Go ahead.” Defendant also asked, “What is this about?” Deputy Guzman responded, “Nothing.…