People v. Ramirez CA4/1

STATEMENT OF FACTS

At about 2:50 a.m. on June 3, 2013, a San Diego police officer observed Ramirez

drive by him. Although the officer was about 80 feet away from Ramirez's vehicle, the

officer could hear loud music from the car. The officer stopped Ramirez for violating the

Vehicle Code provision prohibiting loud music from cars that can be heard 50 feet away.

Ramirez was arrested for driving under the influence based on field sobriety tests

and preliminary blood alcohol screening. The search of the car and the defendant's

person produced .35 grams of methamphetamine in several packages.

DISCUSSION

Ramirez contends the trial court erred in denying his motion to suppress evidence

because he claims the initial stop was invalid. On this issue, as we will discuss, the

All further statutory references are to the Penal Code unless otherwise specified. 2 argument essentially challenges the credibility of the officer's testimony. Ramirez simply

contends the officer could not have heard the music from more than 80 feet away. As we

will discuss, the trial court resolved the credibility issue against Ramirez. Accordingly,

we will reject this…