P.

I. Factual Background

On December 8, 2010, Salinas Police Officer Scott Sutton was informed at that day’s “briefing” that defendant was “a person that may be wanted” by the police. While he was on patrol at about 4:10 p.m. that afternoon, Sutton saw defendant about to enter the gate to a large apartment complex and pulled his patrol car over about 100 feet in front of defendant. The area surrounding this apartment complex was a “stronghold for

2 Defendant also filed a petition for a writ of habeas corpus, which we dispose of by separate order.

2 the Norteno gang in Salinas,” and the “vast majority” of Salinas Nortenos reside in this area. There had been “a significant amount of violence” in this area, including “shootings” and “robberies.” As no backup units were available, Sutton decided to make casual contact with defendant to confirm his identity. Sutton initiated a conversation by asking defendant if he could talk to him about a car parked on the street. Defendant was “nervous” and “fidgety,” and, when Sutton asked his name, he falsely told Sutton that his name was 3 “Steven Anthony Sotelo.” Sutton also asked defendant where he lived, and defendant replied that he lived…