People v. Johnson CA4/2

FACTS AND PROCEDURAL HISTORY

On July 6, 2012, at approximately 8:00 p.m. while parked in his patrol vehicle,

San Bernardino Deputy Sheriff Max Kunzman witnessed two females, known to him to

be prostitutes, approach defendant’s vehicle, bend over into the open window, and make

contact with defendant. One of the women looked over at Kunzman, said something to

2 the other woman, and both women ran away from the vehicle. Defendant drove off;

Kunzman followed.

Defendant turned abruptly into an alleyway as if attempting to evade Kunzman.

As defendant turned to exit the alleyway, he neglected to signal his turn. Kunzman

activated his overhead lights and pulled defendant’s vehicle over for failure to signal.

Kunzman smelled a strong odor of alcohol coming from the vehicle. He asked

defendant whether he had been drinking. Defendant responded that he had consumed

beer. Defendant’s eyes were bloodshot and watery. Kunzman suspected defendant had

been driving under the influence of alcohol.

Kunzman called Deputy Sheriff Ortiz to the scene. Ortiz noticed the odor of

alcohol coming from defendant’s person and breath. Ortiz asked defendant if he had

been drinking. Defendant said…