Ramirez

I. Factual background

A few minutes before 8:00 p.m. on May 2, 2003, Ramirez sat parked in his red BMW convertible outside a Rite Aid pharmacy on Beach Boulevard in Buena Park, California. Montez was patrolling the area in his patrol car when he noticed Ramirez’s car with its parking lights on. The parties dispute many of the facts relating to Montez’s subsequent detention, search, and arrest of Ramirez.

A. The detention

While still in his patrol car, Montez observed that Ramirez’s seat was reclined and that Ramirez had his eyes closed and appeared to be asleep at the wheel. Montez decided to investigate further because he was aware that sev- eral grab-and-run type thefts of alcohol had occurred at the location and that getaway vehicles are commonly used in thefts and robberies. Montez was also concerned that Ramirez may have had some medical problem, or may have been phys- ically impaired.

Montez is certified by The International Association of Chiefs of Police as a Drug Recognition Expert. Montez attended an eighty-hour program administered by the Califor- nia Highway Patrol which included training on the techniques of drug influence evaluation, recognition of the signs…