P. v. Morales CA5
The prosecution established that, in April 2019, appellant was driving a vehicle with a suspended driver’s license. He was stopped by a Delano police officer, Joshua Garcia, after Garcia observed appellant driving at night without headlights. Garcia also saw appellant cross a double yellow line. Shortly after stopping appellant, Garcia learned that appellant’s driving privileges had been suspended. At some point that evening, another officer transported appellant to the Delano Police Department.
The following morning a different Delano police officer, Pedro Mendoza, transported appellant from Delano to Bakersfield for booking. Mendoza searched appellant before placing him inside a patrol car. That search, however, only occurred below appellant’s waistline and Mendoza did not search appellant’s shirt pockets. At trial, Mendoza explained that, because appellant was already under arrest, another officer would have already searched appellant more thoroughly.
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