Cuadra

BACKGROUND

Los Angeles County Deputy Sheriff Xavier Zeas was the only witness at the hearing on the motion. The following evidence was adduced. At 2:15 a.m. on June 3, 2020, Deputy Zeas and his partner drove their patrol car into the Destiny Inn parking lot in the City of Commerce and stopped next to a parked car appellant was standing near. The parking lot was a narrow strip of asphalt sandwiched between the motel and a fence fronting Triggs Avenue. There were five parking stalls. The lot was so narrow that Deputy Zeas said he was five to six feet from appellant when they encountered each other. Because of Black Lives Matter protests, there was a curfew in effect. From inside the patrol car, Deputy Zeas asked appellant if he was aware of the curfew. Appellant said no. Deputy Zeas testified he did not cite appellant for a curfew violation because he just wanted to find out if appellant knew about it. Indeed, he testified the curfew did not apply to persons on private property, which is where appellant was standing. Deputy Zeas was correct. (L.A. County Bd. of Supervisors, Chair’s exec. order (May 31, 2020) [“No person . . . shall be upon a public street, avenue, boulevard, place,…