People v. Barcena CA2/6

FACTS

On January 18, 2014, agents of the California Department of Justice (DOJ) were observing activities at a gun show in Bakersfield, California. DOJ agent Matthew Knittle noticed Barcena going in and out of the gun show and back to his vehicle. Barcena was carrying an “AR15 style upper receiver” for a rifle, a “black ammunition canister,” and a white plastic bag. His conduct was suspicious. He appeared nervous; he was “looking over his shoulders.” The weather was not warm, but he was sweating.

1 All statutory references are to the Penal Code. Barcena went to his car and placed the items in his trunk. Then he waited in the vehicle. Later he went back to the gun show. He inquired about the price of “.40 caliber handgun ammunition.” He went back to his car and drove away. Knittle testified that they did not know Barcena’s identity. “[I]n an effort to positively identify [him], we requested Bakersfield [police department] contact him.” If the Bakersfield police department was not able to obtain the information, DOJ would have maintained “visual surveillance” and asked the California Highway Patrol to “conduct a traffic stop.” Bakersfield Police Officer Jonathan Berumen received a…