People v. Williams CA2/8

BACKGROUND

Officer Rodney Cavanaugh and his partner, Officer Gribben, were patrolling the area around Willie White Park in Pomona late one night in May of 2019 when they encountered a parked car with three men inside. Officer Cavanaugh used the spotlight mounted on the exterior of his police cruiser to illuminate the inside of the car. The men in the car were Williams, Anthony Tucker, and a third man. Officer Cavanaugh testified that he immediately recognized Tucker from prior contacts and knew that he was on probation for a weapons violation and subject to a search condition.1 On this basis, he and his partner exited their cruiser to conduct a probation search of the car.

There is no dispute as to whether Tucker was on probation for a weapons violation and subject to a search condition. As discussed in detail below, Williams does dispute that Officer Cavanaugh immediately recognized Tucker.

2 The officers removed the men from the car and then asked them whether there was any contraband inside. Williams told Officer Cavanaugh that PCP was hidden in a child seat in the rear of the car. Officer Cavanaugh asked Williams to retrieve that PCP and Williams complied. Officer…