People v. Thompson CA2/8

FACTS AND PROCEDURE

Defendant was charged with one count of transportation or selling marijuana (Health & Saf. Code, § 11360, subd. (a)) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). Defendant sought to suppress evidence of marijuana found in the trunk of his vehicle arguing that defendant was unlawfully stopped and that he was in custody at the time officers asked him without Miranda warnings if he had anything illegal in his vehicle. (Miranda v. Arizona (1966) 384 U.S. 436.) At the hearing on defendant’s motion to suppress evidence, Officer Joshua Wells and Detective Ryan Layaye testified. Officer Wells followed defendant when he left a house that had been under surveillance. Officer Wells observed defendant speed and change lanes unsafely and without signaling. Officer Wells asked Detective Layaye to conduct a traffic stop. Detective Layaye also observed defendant’s vehicle speeding. Detective Layaye activated his lights and defendant pulled to the side of the road. Detective Layaye asked defendant to exit the vehicle. Detective Layaye did not have a weapon in his hand. Defendant was not handcuffed. Detective Layaye asked defendant if there…