People v. Morgan CA4/2

FACTS AND PROCEDURAL HISTORY

The charges arose out of a traffic stop on February 4, 2012. Officer Brent

Gillespie of the Bishop Police Department was on patrol at nearly 11:00 p.m., when he

saw a black sedan traveling east on Elm Street. The black sedan made a right turn onto

Central Avenue without displaying a turn signal. Officer Gillespie followed. The black

sedan made a second turn, westbound onto East Pine Street. Again, no rear turn signal

light displayed. However, Officer Gillespie could see an auxiliary turn signal light

flashing on the sedan’s side mirror, even though the sedan’s taillight was not blinking.

As the black sedan executed the second turn, Officer Gillespie also saw a large crack in

the sedan’s windshield. He decided to make a traffic stop on the black sedan.

Officer Gillespie approached the stopped sedan on the passenger side. As he

walked alongside the sedan, he could see a lot of trash and other debris in the passenger

compartment; he said he also could smell the odor of marijuana emitting from the

passenger side window. Officer Gillespie never mentioned this odor throughout the

2 encounter, however. Defendant was driving the sedan; Kelly Lynn…