P.
P. v. Butkovic CA6
Opinion
Opinion
Mihara, J.
I. Statement of Facts
At approximately 1:00 a.m. on January 22, 2012, Monterey County Sheriff Deputy Rafael Garcia was patrolling the outskirts of Greenfield. After he observed a vehicle make a U-turn and pull off to the side of the road, he decided to make a welfare check. He explained that “they were on the county road, which was late at night and there’s no street lights, like within city limits, it’s a dark area and they were off on the shoulder. I didn’t know what was wrong with them.” Deputy Garcia had not observed a Vehicle Code violation or anything that indicated that the vehicle was having a problem. Deputy Garcia parked his patrol car approximately one car length behind the vehicle and activated his spotlight. Defendant was seated in the driver’s seat and codefendant, Kelly Hernandez, was seated in the passenger seat. Velasco Valdez was standing outside the passenger side of the vehicle. As Deputy Garcia was walking toward the vehicle, he saw Valdez reach into the vehicle with cash in his hand, make eye contact with him, and lower his hand. After Deputy Garcia spoke with Valdez for about a minute, he noticed a piece of plastic on the ground. Based on his training and…