People v. Sanchez CA1/1
Opinion
Opinion
Banke, J.
BACKGROUND
We summarize only the facts relevant to the issues on appeal. The Napa County District Attorney (DA) filed a criminal complaint in June 2013 charging defendant with felony possession of a controlled substance and misdemeanor possession of drug paraphernalia and alleging a prior strike. Defendant filed a motion to suppress (Pen. Code, § 1538.5) prior to the preliminary hearing. At the hearing, Napa County Deputy Sheriff Erik Olson testified he has been a peace officer for over seven years. Just before midnight on May 8, 2013, Olson was on patrol in the City of American Canyon. Olson observed a vehicle driven by a person he 1 All further statutory references are to the Health and Safety Code unless otherwise indicated.
1 subsequently identified as defendant coming toward him “very quickly, rapidly, and his music was extremely loud as he passed.” Olson testified defendant’s vehicle “continued to pass me, at which point I heard tires squealing, screeching, [in an] apparent loss of traction as he turned southbound onto Erin Drive from Corcoran.” Based on the “extremely fast” rate at which defendant’s vehicle approached and passed his vehicle, Olson visually estimated…