People v. Wilson CA2/2

FACTS

The Preliminary Hearing Previous to his arrest in this case, Wilson admitted to police officers that he is a member of the 87 Gangster Crips. He also admitted that his moniker is Blackjack or BJ. Consistent with other members of the 87 Gangster Crips, he has the numbers 8 and 7 on his left and right arm respectively, and the letters G and C on his left and right arm, respectively. When the 87 Gangster Crips are in possession of weapons, it is primarily pistols. On the night of December 30, 2014, Officer Gilberto Gaxiola was in a patrol car in the area of 86th Place and Main Street, a “known gang problem location as well as a known narcotic area location.” It was within the territory of the 87 Gangster Crips, a gang which sold rock cocaine and marijuana, and which engaged in robberies, shootings and murders. As he and his partner were driving, Officer Gaxiola detected the odor of marijuana emanating from a parked car. As a result, the officers pulled over and got out to investigate. Officer Gaxiola approached the car and saw Wilson in the passenger seat with an open alcohol container in his lap. The driver—a woman—had a marijuana cigarette. One of Officer Gaxiola’s partners,…