People v. Quintero CA2/8

FACTS

1. March 29, 2012 Traffic Stop At 11:00 p.m., Los Angeles Police Officer Robert Castruita and his partner were on patrol in a marked police car in Wilmington. Officer Castruita saw defendant driving a gray Toyota Camry. He knew defendant from a previous encounter, and knew defendant was a gang member. Officer Castruita thought the two air fresheners hanging from the Camry’s rear view mirror were obstructing defendant’s view, so Castruita made a U-turn to follow defendant. While Officer Castruita was turning around, defendant picked up speed, and made a right turn. As Officer Castruita attempted to follow defendant, defendant made another right turn. Officer Castruita was able to catch up to defendant and activated his emergency lights. Once he activated his emergency lights, Officer Castruita noticed “movement” between defendant and a passenger in the front seat of the car. Defendant continued to drive for a short distance, and then pulled over to the shoulder of the road. After defendant pulled over, Officer Castruita noticed more movement between defendant and his passenger. It seemed as if they were passing things between them. Officer Castruita ordered the Camry’s…