People v. Bustamante CA2/6

FACTS

On the afternoon of February 19, 2014, Police Officers Brandon Ordelheide and Garrett Knowles were on patrol. They received a radio dispatch call that a "suspicious" person had knocked "on the front door to a residence and [was] pacing back and forth in front of the residence." Ordelheide drove down an alley and spotted Bustamante in a "trash container area." He got out of the patrol car and tried to speak to Bustamante. Bustamante ignored him and placed his hands inside a trash can. Ordelheide called for "backup." Ordelheide and Knowles approached Bustamante, and Bustamante walked towards the officers with a glass bottle in his hand. He continued to walk towards the officers despite being ordered to stop. Ordelheide then "screamed at him to stop and get down on the ground." Bustamante complied, but he then resisted the officers' attempt to place him in handcuffs. He continued to resist, until Ordelheide warned him that "he would be tased at which point he stopped" and was handcuffed. Knowles searched Bustamante and "removed a syringe from his left pocket." Ordelheide testified that "[t]he tip of the syringe appeared to be ground[ed] off so there was no needle and no…