People v. Jackson CA4/1

FACTS

In April 2013, Jackson was seated in the front passenger seat of a parked Honda

Accord at the intersection of Skyline Drive and Billow Drive in San Diego. Chauncey

Smith was seated in the driver's seat. The area is known for high rates of crime,

including drug sales and prostitution. It was nighttime.

Two police officers in a marked patrol car drove up and stopped in the middle of

the street, perpendicular to the Honda (forming a "T" shape), approximately 15 to 20 feet

away. The patrol car did not physically block the Honda. The police illuminated the

Honda with the patrol car's headlights and two spotlights. As the police officers exited

their patrol car, Jackson got out of the Honda, took several steps backwards, and stood on

the sidewalk. One of the police officers, Chris Cummings, walked towards Jackson,

covering the distance in four to five seconds. The officers were in full uniform with guns

and badges. Jackson appeared nervous. Cummings asked where Jackson and Smith

2 lived. Smith pointed to the nearest house and said, "We live right there." A records

check revealed that neither Jackson nor Smith was listed as living at that address.

Cummings…