People v. Choto CA6

Facts At approximately 11:00 p.m. on July 11, 2013, while on patrol on Soquel Drive in Aptos, Deputy Besk of the Santa Cruz County Sheriff’s Office saw a black BMW parked in the rear parking lot of a strip mall. At that hour all the businesses were closed; however, the parking lot was illuminated in places. In March 2013, Deputy Besk had observed drug sales in this particular parking lot. Deputy Besk decided to approach the BMW to see what was going on. The parking lot had parking spots on either side of a center lane where cars could go in either direction. The BMW was parked in a parking spot on one side of the lot; Deputy Besk parked his patrol car in a parking spot on the opposite side of the lot. Deputy Besk got out of his partrol car and walked toward the BMW. Before leaving his patrol vehicle, Deputy Besk contacted dispatch and gave them the registration number of the BMW as a safety precaution. As Deputy Besk walked to the BMW, he noticed an ice cream cup on the roof of the car. He heard the BMW’s engine turn on and had to step out of the way as the car backed out of the parking spot. The BMW stopped and the front seat passenger stepped 2 out and retrieved the ice cream…