People v. Rose CA3

Good Law
Court of Appeal of CaliforniaSeptember 28, 2015C076696California3,793 words

Opinion

Opinion

FACTS

About 2:25 p.m. on November 28, 2012, Sheriff’s Detective Jonathan Densmore responded to a report that defendant had smashed the window on the victim’s SUV and had fled in a pickup truck. After seeing the damage and obtaining the victim’s signature on an arrest form, Detective Densmore drove toward what he thought was defendant’s residence at 3198 Buckeye Court (Buckeye property) in Placerville. At the entrance to Buckeye Court, Detective Densmore saw defendant behind the wheel of the pickup truck and blocked his path. Defendant raised his hands and complied with the detective’s orders. Defendant denied having been at the victim’s house, providing an alibi but not enough information in order for the detective to confirm it. The detective arrested defendant. Detective Densmore noticed a strong odor of marijuana on defendant’s person and asked if he had anything illegal on his person. Defendant admitted having some “pot.” Detective Densmore searched defendant and found a large sum of cash, primarily $20 bills, in one of his pockets. Defendant said he did “yard work on and off” and thought there was about $1,000. When the detective commented that it was a lot of money for…

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