P.

FACTS FROM SUPPRESSION HEARING

The parties agreed the suppression motion would be limited to “the initial contact of the stop” of defendant made by Deputy Nick Gomes. Hence, our statement of the facts is similarly limited. On May 6, 2012, around 2:30 a.m. Deputy Gomes and his partner were traveling in a marked sheriff’s vehicle in the number 2 lane westbound on Fremont Street in Stockton when Deputy Gomes observed defendant in the middle of the lane directly in front of him. Defendant was straddling a bicycle, his feet were on the ground, the bicycle was not moving and it was positioned as if defendant had been pushing or riding it across Fremont. It was “very dark,” the bicycle had no lights or reflectors and Deputy Gomes did not see defendant until the last second before stopping. Deputy Gomes activated his emergency lights to alert potential drivers behind him of the stop and directed defendant to get off the bicycle and to sit on a nearby lawn. The bicycle was a mountain bike and had a small trailer connected to the back of it. One of the trailer’s wheels was “not on very well.” The trailer was eventually searched and items stolen from a nearby Regional Transit Division…