People v. Guerrero CA4/1

FACTS

On the evening of June 24, 2013, San Diego Police Officers McGruder and Yee

were patrolling when they saw a car parked illegally in an alley known for drug dealing.

However, after they ran the plates and determined the car was not reported stolen, they

continued on to other matters. However, they later saw the car leave the alley and, after it

"just took off" at a high rate of speed, the officers got back into their patrol car, activated

the patrol car's lights and siren, and pursued it. The driver (later identified as Guerrero)

did not yield. Instead, during the ensuing pursuit, Guerrero broke numerous traffic laws.

The pursuit ended temporarily when Guerrero turned into a cul-de-sac and

Officers McGruder and Yee attempted a "hot stop." They exited their car with firearms

drawn and ordered the occupants to "put [their] hands up." The front passenger complied

but the driver (Guerrero) was still attempting to drive the car, revving the engine and

3 moving the car forward and then reversing. Officer McGruder approached the passenger

side, shattered the window, saw Guerrero was driving, and ordered him to take the keys

out of the ignition. Instead, Guerrero…