People v. Tolliver CA3

FACTS FROM SUPPRESSION HEARING

Prosecution Case-in-chief On September 17, 2012, around 5:00 p.m., Elk Grove Police Officers Jason Kearsing and Chris Morrow were dispatched to Coins, Currency, and Collectibles regarding a report of two males attempting to pawn a large quantity of women’s jewelry. The men were described as black males, 20 to 30 years of age, tall and tattooed, wearing white shirts, and driving a newer model black car. The reporting party said, “[i]t just seems really odd these two guys have all these women’s jewelries.” Upon arriving, the officers saw two black males, both with tattoos and white shirts, leaning into a black PT Cruiser, one on the driver’s side and the other on the passenger’s side. Officer Kearsing proceeded into the shop to contact the reporting party. Officer Morrow contacted the two men who were later identified as Christopher Chapman and defendant. Officer Morrow asked the men to sit in the PT Cruiser “just to keep[] them there at the scene for [his own] safety . . . .” Then Morrow approached the driver’s side of the car. Morrow decided to detain the men in order to permit further investigation of their attempt to sell property that might be…