P.

P. v. Perez-Isidoro CA5

Good Law
Court of Appeal of CaliforniaApril 9, 2013F063780California1,391 words

Opinion

Opinion

FACTS

California Highway Patrol (CHP) Officer Jason Blais testified that on August 20, 2011, at approximately 2:35 p.m., he was on patrol when he stopped a vehicle for speeding on State Route 58 in Kern County.1 After determining that the driver did not have a valid driver‟s license, Officer Blais decided to impound the vehicle. Appellant and another person were passengers in the vehicle. CHP Officer Robert Main “was called to [the] scene” to transport the vehicle‟s occupants in his patrol vehicle “[o]ff the freeway to a safe location” while Officer Blais impounded the vehicle. At some point thereafter, appellant told Officer Blais that he (appellant) had left his backpack in the vehicle. Officer Blais escorted appellant back to the vehicle where appellant retrieved the backpack. Next, Officer Blais escorted appellant to Officer Main, who had arrived on the scene and who, for reasons of “[o]fficer safety,” “searched” appellant. Officer Main testified to the following: When he first made contact with appellant, appellant had his backpack “on him.” Officer Main “removed the backpack from [appellant‟s] person” and searched it for reasons of “[o]fficer safety, before placing it in…

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