In re E.A. CA2/6

Good Law
Court of Appeal of CaliforniaNovember 15, 2022B315127California1,137 words

Opinion

Opinion

Yegan, J.

FACTS AND PROCEDURAL HISTORY

At about 6:00 p.m., June 2021, two Los Angeles police officers were on patrol when they noticed a group of approximately eight males standing in the middle of the street near the intersection of 17th and Oak Street. The officers also observed a vehicle in the westbound driving lane of 17th Street that appeared to be attempting to cross Oak Street but was blocked by the group standing in the street. The officers stopped their patrol car to detain the individuals for violating the Vehicle Code regarding pedestrians on the roadway. (Veh. Code, § 21954.) Upon exiting the patrol car, Officer Barrera ordered the group to the sidewalk. All of the individuals complied except appellant. Instead, he turned and walked down the street toward his parked vehicle and attempted to enter it. Meanwhile, as Officer Yahcamara exited the patrol car, he observed a “bulge” at appellant’s waistband, which he believed to be the handle of a firearm. Officer Yahcamara physically detained appellant, performed a pat search, and recovered a firearm. After the group was moved from the street to the sidewalk, the officers determined the vehicle that they initially believed was…

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