People v. Huntsberry CA4/1

STATEMENT OF FACTS

The facts set forth here are from the transcript of the motion to suppress evidence.

In the evening of August 16, 2013, San Diego Sheriff's Deputy Laudente Gallegos

was conducting a traffic stop of a vehicle not involved in this case. When Huntsberry

drove past, the deputy noticed the muffler seemed very loud. Gallegos was familiar with

the type of car driven by Huntsberry and based on the sound believed the muffler had

been modified in violation of the Vehicle Code.

Gallegos followed Huntsberry's car for about a mile. While doing so he ran a

record check on the car's registration by means of the patrol car's computer terminal. As

the response appeared on his computer screen, it indicated that the registration for the

vehicle had expired. Before Gallegos could scroll through the rest of the Department of

Motor Vehicle (DMV) report Huntsberry's car turned into a gas station. Gallegos then

followed the car into the gas station.

When Gallegos approached the driver he observed symptoms of intoxication. In

his discussion with the driver Gallegos learned the driver had a temporary registration

permit as evidenced by a sticker…