People v. Caradine CA1/2

BACKGROUND

Police Officer Sean Sinnott was patrolling in his vehicle in downtown Novato, California, near Redwood Boulevard and Olive Avenue on February 1, 2013. At about 12:37 p.m. he saw Caradine, who was doing nothing suspicious, seated at a bus stop. Sinnott usually recognized a high percentage of people in the area, but he did not recognize Caradine, so he decided to engage in a consensual encounter with Caradine. Sinnott parked his patrol car and walked to the bus stop at a normal pace. To Caradine’s right at the bus stop was another man whom Sinnott also did not recognize. Sinnott asked Caradine how he was doing and Caradine asked what Sinnott wanted. Sinnott replied that he was “just saying hi.” Caradine asked if he had done anything wrong, and Sinnott said he had not. Sinnott also spoke to the other man, who said he was on probation. Sinnott asked Caradine and the other man for identification and both men gave Sinnott their identification cards. Sinnott called police dispatch for a records check on the two names. Either before asking for identification, or immediately afterwards, Sinnott smelled marijuana and continued to smell it while waiting for the records check.…