People v. Hepokoski CA1/5

BACKGROUND

A. Officer Christopher Francis of the Benicia Police Department testified at the preliminary hearing that, at about 10:00 p.m. on August 28, 2021, he was on patrol, with a police dog, in a marked patrol car. Officer Francis saw Hepokoski, in a gas station parking lot, riding a motorcycle without wearing a helmet.

Officer Francis radioed dispatch that he was about to make a traffic stop at the gas station. However, Hepokoski parked his

Undesignated statutory references are to the Penal Code. 1 motorcycle in one of the gas station’s parking spots in the interim. Thus, Officer Francis testified that “[t]here was no traffic stop,” and he merely “contact[ed]” Hepokoski to talk to him about the dangers of riding a motorcycle without a helmet.

Officer Francis parked his patrol car about nine to 12 feet behind Hepokoski’s parked motorcycle, which faced a concrete curb and, beyond that, a landscaped area. The adjacent parking stalls (to the left and the right) were open. The left-hand stall was similarly bordered on two sides by a concrete curb and landscaping. The area, where Hepokoski and a female companion were eating fast food and listening to music, was illuminated…