People v. Vang CA1/1

BACKGROUND

Pacifica Police Officer Eric Martinez was on patrol in a residential neighborhood around 4:40 a.m., when he noticed a Lexus “ ‘slow rolling’ ” or “driving very slowly.” The car had a “clear, plastic cover on the rear license plate,” a Vehicle Code violation. Martinez initiated a traffic stop. As he approached the car, Martinez observed only the two front passengers, and he asked them to exit the car. While Officer Martinez was speaking to them, Pacifica Police Corporal Brandon Smith arrived. After looking into the Lexus, Smith “observed catalytic converters in the backseat of the vehicle” along with a third person, defendant. Defendant was crouched down, as if he was hiding. Smith also saw defendant “holding what appeared to be several tools and/or objects in his hand.” Corporal Smith alerted Officer Martinez to defendant’s presence, and Martinez then saw defendant sitting on the back seat with two catalytic converters on his lap. Next to him on the seat were a pair of wire cutters, a cell phone, and a floor jack. The two catalytic converters on defendant’s lap were of differing size. One “was so long that it couldn’t fit on his whole lap,” and was approximately “four…