People v. Lynall CA6

FACTS

Our statement of the facts is based on evidence presented at the preliminary hearing. In September 2014, Santa Cruz County Sheriff Deputy Stephen Ragusano received a complaint from a motorcycle shop that several people were camping illegally in the wooded ravine behind the shop and “leaving feces in that area.” Deputy Ragusano met with the reporting party, who showed him an area adjacent to the shop’s parking lot where the campers were located. According to Deputy Ragusano, it was not a public camp ground and no one was allowed to camp there. The reporting party asked Deputy Ragusano to patrol the area and to ask the campers to “move along.” On October 1, 2014, at night, Deputy Ragusano chased a suspect in a “strong- armed robbery” into the wooded area behind the motorcycle shop and lost contact with him. On October 5, 2014, Deputy Ragusano and two other deputies patrolled the wooded area. Deputy Ragusano saw three tents in a clearing in the ravine. The deputies announced their presence and asked the campers to come out of their tents. Defendant emerged from one of the tents. Deputy Ragusano testified that defendant resembled the

2 robbery suspect he had chased into the…