People v. Lute CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

Shortly after midnight on September 4, 2012, Nicholas Borges, a sergeant with the Seaside Police Department in Monterey County, observed Lute getting into a vehicle at the intersection of Mingo Avenue and Soto Street in Seaside. Police had received citizen complaints about drug sales in the area and Borges was aware of two drug houses in the immediate area. Borges pulled up behind the vehicle, turned on his spotlight, and approached the vehicle. The driver told Borges he was giving Lute, who he knew only as “Baby,” a ride. Borges recognized Lute from prior encounters. The driver’s pupils were dilated and he appeared to be trying to conceal something under his seat. After other officers arrived, the driver and Lute were asked to exit the vehicle. Lute consented to a search of her purse, in which officers found a digital scale with flakes of a white substance on it. Officers confirmed there was an active misdemeanor arrest warrant for Lute. They placed her under arrest and asked her if there was anything illegal on her person. Lute said she had a pipe, which officers found sticking out of the front of her waistband. Sergeant Borges…