People v. Pour CA3

BACKGROUND

On March 31, 2013, about 8:07 p.m., Sacramento Police Officer Sean Cunningham and his partner Gregory Galliano responded to a suspicious vehicle call regarding two men outside of a vehicle parked in front of a location in a residential area. The officers spotted a parked vehicle in the area, a green Toyota 4Runner. The Toyota had two male passengers and a dog. The officers parked their patrol car behind the Toyota close enough for a “typical traffic stop” without blocking it. The officers did not activate the siren or use the PA system; they used the patrol car’s spotlight because it was dark outside. The officers approached the 4Runner, with Officer Cunningham contacting the driver, defendant. The other passenger, Morgan Davis, sat behind defendant but within reach of the center console. Defendant provided identification; a records check indicated that Davis gave the officers a false name. Officer Galliano asked Davis to step out of the vehicle, and Officer Cunningham asked Davis for his real name, which he gave. Officer Galliano told Officer Cunningham that Davis was on searchable probation. After Davis was handcuffed and put in the patrol car, Officer Cunningham…