Gutierrez

People v. Gutierrez

Good Law
21 Cal. App. 5th 1146·230 Cal. Rptr. 3d 915
Court of Appeal of CaliforniaMarch 29, 2018F074601California6,225 words

Opinion

lead Opinion

*1150 Sometime later, perhaps ten minutes or so after the patdown search, Simmons "gathered [identifying] information from [Gutierrez]" and then "conducted a want and warrant check and probation check [on him] through ... dispatch via ... radio." Simmons said it was possible that Beltran's probation search started at 7:16 p.m. but the record check on Gutierrez was not requested until 7:48 p.m. Simmons testified: "A short time later, [dispatch] gave *918 me a return of basically that [Gutierrez] was on PRCS, which is Post-Release Community Supervision and a form of parole at the county level." Simmons "then conducted a more thorough search of [Gutierrez's] person" and found a wad of cash in one of his front pockets. 4 A car that Gutierrez identified as his was also searched by other deputies. 5

Simmons testified that he had heard of instances when deputies requesting records checks were told by dispatch that the subject was on PRCS, when in fact that was not the case. Simmons had not personally had this experience previously.

Testimony of Sheriff's Dispatcher Cheryl Longwith

The prosecution also called as a witness Cheryl Longwith, a sheriff's dispatcher who was on duty at 7:00…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.