People v. Kittrell CA4/3

FACTS AND PROCEDURAL BACKGROUND

On December 15, 2017, Officer Steve Thompson was following behind a car with an expired license plate. When the car parked in front of a convenience store, both the driver and Kittrell (the front passenger) started to get out. Thompson activated his vehicle’s emergency lights and instructed the two people to get back inside of the car. When other officers arrived, Thompson asked Kittrell to step out of the car. As Kittrell was getting out of the car, Thompson saw a methamphetamine pipe in the passenger door. Thompson also saw a backpack on the floorboard in the front passenger area, which was locked with a small padlock. Thompson conducted a patdown search of Kittrell and felt a bulge in his pocket. Kittrell said it was a wallet. Thompson asked Kittrell if he could remove the wallet; Kittrell said no. Thompson had Kittrell sit down on a nearby curb. Officer Jeremy Hunziker arrived on the scene with Jarvis, a trained search dog. Jarvis sniffed the car and alerted for the presence of drugs. Thompson asked Kittrell if he had a key to the lock on the backpack. Kittrell said he did not. Thompson then placed Kittrell under arrest for possession of the…