People v. Berna CA5

FACTS AND PROCEDURAL HISTORY

In the afternoon of July 19, 2012, Officer Alvaro Santos of the Lemoore Police Department pulled over Berna’s Chevrolet Suburban. The Suburban had wide tires that extended six inches beyond the fenders, violating Vehicle Code section 27600 (mud flaps required if tires wider than body of vehicle). Berna presented an expired driver’s license. Santos had Berna get out so he could have the Suburban towed, which was the usual procedure in cases of unlicensed drivers. Santos then spoke to James Green, who was in the passenger seat. In response to Santos’s questions, Green admitted he had “some weed” in his pocket, which turned out to be “enough for about one use.” Green also had some plastic baggies, on which there was a four-leaf clover logo. Santos handcuffed Green and put him in the patrol car. Green ultimately was cited and released. Santos told Berna he was going to impound the Suburban and would need to conduct an inventory search. Berna became argumentative. He clenched his fist and yelled that Santos could not search the car. Santos told Berna to put his hands behind his back, but Berna failed to do so and continued to yell that Santos could not…