People v. Johnson CA4/1

BACKGROUND

Around 1:22 a.m. on May 17, 2013, San Diego Police Sergeant Kevin Valenzuela

was on patrol in the area of 6000 Imperial Avenue. He heard a radio broadcast that a

burglary "hot prowl" had occurred. Via his computer, he learned the location of the

burglary was an apartment at 5625 Imperial Avenue. Valenzuela had passed that address

by a block and a half or two blocks, so he made a U-turn. At the hearing on the

2 suppression motion, Valenzuela testified the burglary was reported to have occurred

minutes before the radio call, but he did not "remember hearing the time" of the burglary.

About a minute after the broadcast, Valenzuela saw a vehicle backing out of a

driveway. He believed this "was kind of weird" because Imperial Avenue was a four-

lane "main thoroughfare" and normally cars pulled out going forward. Valenzuela could

not pinpoint the driveway, but testified he was "pretty sure" it was in the 5600 block of

Imperial Avenue and "it was pretty close to 5600." He noted there were "not that many

driveways where I turned around [from]" and there were no other cars pulling out of

driveways in the area. Valenzuela did not see any pedestrians. He knew from…