People v. Montano CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. On September 2, 2011, at 9:45 p.m., Los Angeles Police Officers John Bain and Arthur Castro were on patrol near Hermon Park, an area known for narcotics trafficking. From about 100 yards away, and using high-powered binoculars, the officers observed defendant Montano standing with some other people near the park benches. A few minutes later, Montano got into the driver’s seat of a truck that was parked close to the benches. Joaquin Gonzalez got into the passenger seat. As Montano began driving away, the officers drove into the park. From 20 or 30 feet away, they saw Montano turn his back slightly and lift the truck’s center console compartment. Montano made some movements with his right hand and then closed the console. Gonzalez also made some furtive movements near the console. The officers detained the two men and had them get out of the truck. Bain searched under and behind the driver’s seat, and then noticed that the center console was not completely closed. Inside the console, Bain found a box of sandwich bags under…