People v. Gonzales CA6

I. BACKGROUND

A. Factual Background2 After 10:00 p.m. on December 9, 2012, Salinas police officers approached a vehicle parked at a shopping center. The driver, who was later determined to be Gonzales, identified himself to the officers as Miguel Solis from Arizona. Officers asked Gonzales to exit the vehicle, turn around, and place his hands on the car. After exiting the vehicle, Gonzales attempted to put his hand in his pocket. Fearing Gonzales was reaching for a weapon, the officer used a taser on him. Gonzales fell to the ground, then got up and began to run. Officers observed Gonzales emptying a plastic baggie containing clear crystalline chunks and throwing money as he fled. Eventually, Gonzales fell and surrendered to the officers. Police located some of the crystalline chunks dropped by Gonzales, which were later determined to be 2.6 grams of methamphetamine. During a search of Gonzales’s vehicle, officers found a glass pipe with white residue, a plastic baggie containing methamphetamine, and a plastic bag containing a black tar-like substance that tested presumptive positive for heroin. Two laptops, an external hard drive, and a white square attachment for cell…