In re E.V. CA4/1

Good Law
Court of Appeal of CaliforniaNovember 22, 2022D080120California4,556 words

Opinion

Opinion

I.

FACTUAL AND PROCEDURAL BACKGROUND

Because E.V.’s main appellate challenge involves the juvenile court’s ruling on the motion to suppress, we begin with a discussion of the evidence presented at the hearing on that motion. San Diego Police Officer Colton Hofrichter testified that on September 6, 2021, he was part of a crime suppression team patrolling the Mission Beach area, which had experienced multiple shootings and robberies. Around 6:00 p.m., Officer Hofrichter decided to conduct a traffic stop of a BMW sedan for having illegally tinted windows. Earlier in the afternoon, Officer Hofrichter ran the license plate of the BMW, which showed that the registered owner had been released on bail after being charged with robbery involving a firearm. As he pulled behind the BMW, Officer Hofrichter activated his patrol car lights and then his siren to initiate the traffic stop. The BMW did not stop right away, but instead drove slowly for half a block before coming to a

2 stop. According to Officer Hofrichter, such behavior often occurs when the occupants of a vehicle are trying to hide contraband or weapons. Officer Hofrichter observed people moving around in the car as it slowly…

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