People v. Shermer CA3

BACKGROUND

A. Factual Background Case No. 13F00020 On December 30, 2013, Sacramento Police Officers Buno and Magner were on patrol when they observed defendant using a cell phone while driving in violation of California Vehicle Code section 23123. Magner initiated an enforcement stop and approached defendant’s car on the driver’s side. Buno positioned himself on the passenger’s side of the car. Magner got defendant’s name and returned to the patrol car to conduct a records check. Buno observed defendant from the passenger’s side of defendant’s car. He noticed that defendant appeared nervous and fidgety. While Buno was watching, defendant removed a clear plastic case from the lower portion of his body and dumped the contents into a cup in the center console of the car. Buno illuminated the center console area of the car and observed a crystallized substance resembling methamphetamine. Buno and Magner forcibly removed defendant from the car. During the struggle, the cup was knocked over and the contents spilled all over the car. Defendant was placed in handcuffs. Officers searched the car, scraping the crystallized substance from the dash, air conditioning vents, and upholstery. By…