People v. Figueroa CA5

FACTS

On June 22, 2013, Estevan Lopez parked his truck at a market in Shafter and left it unlocked with the keys in the ignition while he went inside. Five minutes later, he came out of the store to find the truck being driven away. Shafter Police Sergeant Gustavo Olvera spotted the truck and chased it at speeds of up to 70 miles an hour. The truck eventually crashed into an almond tree and the driver fled on foot. A Kern County sheriff’s deputy in a helicopter saw a suspicious man near a home where a party was underway and directed Deputy Phillip Garza to contact him. Deputy Garza saw Figueroa running by the home and began chasing him. Figueroa discarded a sweatshirt that was later found to contain a glass pipe for smoking methamphetamine. He eventually stopped running, dropped to his knees, and placed his hands over his head. When Deputy Garza tried to handcuff him, Figueroa pulled away and tried to run away again but Deputy Garza was able to knock him down.

Unless otherwise indicated, all further statutory references are to the Health and Safety Code.

2. After handcuffing Figueroa, Deputy Garza found a small bindle containing 0.10 grams of methamphetamine nearby on…