In re D.C. CA2/2

Good Law
Court of Appeal of CaliforniaJune 1, 2015B259500California769 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

Several Los Angeles County Sheriff’s deputies were conducting a general fare audit in plain clothes at an MTA platform in Compton. After Officer Chambless noticed that defendant and his two male companions immediately changed directions when they noticed some of the deputies, he approached the group and asked for their TAP cards. Because defendant and his associates could not provide TAP cards, Officer Chambless and his partner began escorting them towards the bottom of the platform to provide citations. During the walk, one of the companions, D.S., started walking faster to distance himself from defendant. D.S. then became confrontational, first verbally and then physically. While Officer Chambless and his partner struggled with D.S. for about 15 seconds, defendant began walking away. At which point, Officer Johnson stopped and handcuffed defendant, and walked defendant over to a patrol car. It is disputed whether at this time, defendant admitted that he was on probation with search conditions. Officer Johnson then patted down defendant and felt a heavy object in his rear right pocket. The officer then reached into the pocket and recovered a…

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