People v. Hoisington CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 3, 2019 at 10:50 p.m., Clearlake Police Department Officer Steven Diaz pulled over a black Jeep Cherokee because its rear license plate light was not functioning. Appellant was driving the vehicle. At the time, he had a felony arrest warrant for failure to report to post release community supervision (PRCS) in Mendocino County.

1 Appellant identified himself as Michael Hoisington1 and said he did not have any identification with him. Officer Diaz checked Michael’s name though dispatch for any outstanding warrants. The records check revealed that Michael did not have a driver’s license. After Officer Diaz detained him, appellant admitted that there was “dope” in the vehicle under the driver’s side floorboard. Officer Diaz searched the area and located a small plastic bag with a small amount of powder that he recognized as methamphetamine. After receiving Miranda2 admonitions, appellant admitted that the substance was methamphetamine and that it belonged to him. Officer Diaz thanked appellant for his honesty and told him that he would issue a citation and let him go. Using the name appellant had provided, Officer Diaz issued a…