People v. Clahr CA1/2

BACKGROUND

Around 2:00 a.m. on June 5, 2014, San Francisco Police Officer Christina Hayes and her partner were on duty in their patrol car when they noticed Clahr driving a green van. Clahr parked in front of a smoke shop on Polk Street with the van in “the red and partially the yellow” parking zones. There was a disabled placard on the rearview mirror of the van. Hayes observed Clahr and a passenger get out of the van and walk into the smoke shop. Neither of them appeared to be disabled.

1 Further undesignated statutory references are to the Penal Code.

1 Hayes parked and went into the smoke shop. She asked Clahr whether he or his passenger was disabled, and he said no. She asked if he had a valid driver’s license, and he said no. Clahr was cooperative but appeared very nervous, and he was sweating and shaking. Hayes and Clahr walked out of the shop to the sidewalk. At this point, she “knew he was not a valid driver, he [was] in violation of a misdemeanor.” On the sidewalk, Hayes patted Clahr down. She felt an object under his shirt at the neck area, and Clahr told her it was a knife. She removed a double-edged knife from around his neck. The officers learned from dispatch…