People v. Ortega CA1/5

BACKGROUND

San Francisco Police Officer Cullen Roche was conducting surveillance of a high narcotics area when he noticed Ortega “loitering.” At one point, Officer Roche saw Ortega “pull out a package and select items and begin kind of sifting through” them. A few minutes later, Ortega approached a car and conversed with the driver. No physical exchange took place. Some time afterward, a pedestrian approached the same car and “exchange[d] an object in exchange for U.S. currency.” Officer Roche was not “100 percent certain[]” what the object was, but he

Undesignated statutory references are to the Penal Code. 1 suspected it was a narcotics sale. He did not direct any officers to stop or arrest those individuals.

Soon after, Officer Roche observed another pedestrian, Ricky Vedilago, approach Ortega. After appearing to engage in conversation and walking together, Ortega handed over a “small substance” to Vedilago in exchange for U.S. currency.

Officer Roche relayed a description of Vedilago to other officers, including Officer Wright. Vedilago was arrested, at which point Officer Wright informed Officer Roche that a “white crystalline substance” was found in Vedilago’s…