People v. Goodman CA4/1

FACTS

Very early in the morning on November 15, 2011, Deputy Sheriffs Thomas

Fletcher and John Greene were driving separate marked patrol cars in an unincorporated

area of El Cajon. From about one hundred to two hundred feet away, Fletcher heard the

radio of an approaching green Mustang that he later learned was being driven by

Goodman. Believing the loud music to constitute a noise violation, he followed the car

for about a minute and then effected a traffic stop by turning on his lights. The vehicle

stopped immediately. Fletcher had encountered Goodman before, and during the prior

contact, Fletcher pulled his gun on Goodman when Goodman reached into a jacket

pocket. Fletcher later found that Goodman had a knife concealed in that pocket.

After Goodman admitted to being on parole, Fletcher decided to do a parole

search. At some point, Greene arrived at the scene. Believing that Goodman had an

unfavorable view of him, Fletcher asked Greene to do the search. As Fletcher stepped

back to his patrol car to run a record check on Goodman, Greene stood by the passenger-

side door and spoke with Goodman. Greene became nervous and told Goodman to keep

his hands on the…