People v. Madrid CA5

FACTS AND PROCEDURAL HISTORY

On April 6, 2012, Detective Hector Rodriguez and two other detectives from the Tulare County Sheriff’s Department visited a property on Road 104 in a rural area of the county to investigate a suspected illegal marijuana growing site. (The previous day, Rodriguez had driven by the property and contacted two individuals there.) On the north end of the property was a single-story house. On the south end of the property, there were three separate enclosures. The three enclosures were constructed of sheet metal and wooden fencing. The northernmost enclosure contained a shed or shop, a horse trailer, a fifth wheel trailer, and a couple of vehicles. The fence of the northern enclosure varied in height from six to eight feet tall, except for a portion on the north side at the northwest corner, which was cut low to about three or four feet. From the northwest corner of the northern enclosure, Rodriguez had a clear view of everything inside. He saw Madrid walk from the shed toward the north fence of the northern enclosure and then duck down quickly. Rodriguez called Madrid over, Madrid complied, and he was detained and handcuffed. Madrid was limping and his…