People v. Saldana CA3

BACKGROUND

A Motion To Suppress And Preliminary Examination Defendant filed a motion to suppress evidence pursuant to Penal Code1 section 1538.5. The motion was heard before a magistrate in conjunction with the preliminary examination. The prosecution presented the following evidence. Around 10:00 p.m. on April 2, 2011, West Sacramento Police Officer Matthew Boudinot was on patrol on West Capitol Avenue. He saw defendant standing alone in front of a motel. As far as Officer Boudinot could tell, defendant was “basically lingering, loitering in the area.” Officer Boudinot parked his patrol car on West Capitol Avenue, approximately 40 to 50 feet from defendant. He did not activate his emergency lights or shine a spotlight on defendant. Officer Boudinot walked toward defendant. When Officer Boudinot was approximately 20 feet away, defendant looked in his direction, turned, and began walking in the opposite direction. At the hearing on the motion to suppress, Officer Boudinot testified that he could not recall exactly what he said to defendant, but believed he asked, “Can I talk to you?” Officer Boudinot acknowledged that he “projected [his] voice” in order to be heard. Defendant…