People v. Castro CA2/1

BACKGROUND

I. Castro’s Detention and the Vehicle Search

Castro’s various motions to suppress evidence from the vehicle search were based on Los Angeles Police Department Officer Miguel Zendejas’s testimony at Castro’s April 23, 2021 preliminary hearing, which we summarize here. On June 22, 2020, when the vehicle search occurred, Officer Zendejas was assigned to the Foothill Gang Enforcement Detail, and he had been a sworn peace officer for nine and a half years. Around 10:20 p.m., Officer Zendejas and his partner, Officer Organista, were riding in a marked patrol car when they observed two males sitting in a car parked on a public street. Officer Organista “was able to run the registration on the vehicle which came back expired.” As the patrol car approached the parked car, both cars with windows rolled down, Officer Zendejas “noticed there was a strong odor of marijuana coming from inside the vehicle.” He further described it as “the smell of burnt marijuana.” Based on the “expired registration, and pending a narcotics investigation,” the officers initiated a traffic stop.

Undesignated statutory references are to the Penal Code.

2 Officer Zendejas exited the patrol car…