People v. Auther CA1/3

BACKGROUND

The following evidence was introduced at the combined preliminary hearing and motion to suppress. On the night of March 23, 2013, Solano County Sheriff’s Deputy Coy Caulfield was on patrol with his partner when he observed Auther riding a bicycle in front of the patrol car, traveling the same direction. As Deputy Caulfield approached a four-way intersection marked with stop signs in each direction he saw Auther ride through the intersection without stopping. Caulfield stopped Auther and asked him to provide identification. Auther said he did not have any identification on him and refused to give the officer his name. The

1 officer smelled marijuana, so he asked Auther “if he had something.” Auther said there was methamphetamine in his pocket. A search produced two baggies containing methamphetamine and a small amount of marijuana. Auther was read his Miranda rights, said he understood them, and told Officer Caulfield he did not stop because he didn’t see any headlights approaching the intersection. He also said the methamphetamine was for his personal use and that he does not sell it. He was subsequently charged with one count of…