People v. Green CA4/1

DISCUSSION

I. Denial of Motion To Suppress Evidence

Prior to trial, defendant filed a motion to suppress the evidence seized by the

officers, which the trial court denied. On appeal, he does not dispute that if he was

lawfully stopped by the officers, they properly seized the evidence supporting his

convictions. However, he challenges the propriety of the initial stop, contending that,

contrary to the officers' claims, they did not have a reasonable suspicion that his vehicle

was emitting loud music in violation of the Vehicle Code. Additionally, he contends the

court denied him a fair hearing when it curtailed his presentation of additional evidence

to show his vehicle was incapable of making the loud music.

3 Background

At the hearing on the suppression motion, the prosecution presented testimony

from the two officers who stopped defendant (Deputies Roberson and Dollick).

Defendant also testified on his own behalf to describe his version of the events.

The Officers' Testimony

At the time of the stop, Deputies Roberson and Dollick were patrolling Highway

67 in separate patrol vehicles. They were looking for "probable cause" to stop vehicles

for Vehicle…