People v. Castellon

91 Cal. Rptr. 2d 204, 76 Cal. App. 4th 1369
CourtCalifornia Court of Appeal
DecidedDecember 20, 1999
DocketG023144
StatusPublished
Cited by10 cases

This text of 91 Cal. Rptr. 2d 204 (People v. Castellon) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Castellon, 91 Cal. Rptr. 2d 204, 76 Cal. App. 4th 1369 (Cal. Ct. App. 1999).

Opinion

91 Cal.Rptr.2d 204 (1999)
76 Cal.App.4th 1369

The PEOPLE, Plaintiff and Respondent,
v.
Javier Ponce CASTELLON, Defendant and Appellant.

No. G023144.

Court of Appeal, Fourth District, Division Three.

December 20, 1999.
Rehearing Denied January 10, 2000.
Review Denied March 29, 2000.[*]

*205 Michael Ian Garey, Santa Ana, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kyle Niki Shaffer and Angela k. Kosenau, ueputy Attorneys General, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

Javier Ponce Castellon pled guilty to possession of heroin after his motions to suppress evidence and set aside the information were denied. On appeal, Castellon argues that the heroin found on his person should have been suppressed as the result of an illegal detention and search. We affirm.

FACTS

Officer John Hibbison was on patrol when he saw a car with expired tags pulling away from the curb. Hibbison turned on his overhead lights and the car immediately pulled over and stopped. As he got out of his police car, he saw Castellon, a passenger in the stopped car, simultaneously start to get out. Hibbison recognized Castellon as a member of the Alley Boys gang with whom he had been "in contact" since 1990: He had once responded to a shooting that had occurred at Castellon's home at which Castellon was present but was not arrested; on another occasion Hibbison had conducted "a car stop where I had stopped him." Hibbison said he had never known Castellon to have a weapon on his person.

As Hibbison got out of his car, he told Castellon not to get out of the car. Castellon nonetheless got out of the car, but stopped about three feet away from it Hibbison could not recall if Castellon "just stopped or if I told him to stop." As Hibbison walked toward him from about 15 or 20 feet away, he asked Castellon if he had any weapons. Castellon responded that he did not. Hibbison then asked him if he had any narcotics on his person. He replied that he did not have any narcotics. Hibbison then asked if he could search him, and Castellon consented.[1] In each of *206 Castellon's front pockets, Hibbison found a $1 bill containing a residue substance that tested positive for heroin.

Hibbison testified that "[p]robably less than a minute" elapsed from the time Castellon opened his car door to the time he completed his search. He said his first words to Castellon as he approached were to ask him "if he had any weapons on him." He said his "concern was for my own safety, and that's why I asked him if he had any weapons on him."

The trial court hearing the motion to suppress found there was a legal detention of the car in which Castellon was a passenger, and the requests to search for weapons and for consent to search "under the circumstances of this case, with this officer having specific knowledge that the defendant is an Alley Boy[s] gang member, [are] certainly justified." It found that "under the totality of circumstances" the search was "not illegal" and denied the motion. The trial court hearing the motion to set aside the information denied that motion without comment.

DISCUSSION

I

Castellon first argues the initial stop of the car was unreasonable. The car was stopped on October 12, and the tags had expired at the end of September. Castellon does not dispute the tags had expired; rather, he argues that displaying tags with an expiration date 12 days prior to the date of the stop "is so meaningless as to provide no basis for a stop."

Vehicle Code section 4601 provides that vehicle registration shall be renewed prior to the expiration of the registration year. The tags on the license plate of the vehicle in which Castellon was a passenger indicated that vehicle's registration had not been properly renewed. Hibbison's stop of the vehicle was predicated upon probable cause that a Vehicle Code violation had occurred. Nothing more is required; the stop was proper. (See Whren v. U.S. (1996) 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 ["As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred."].)

Castellon complains that Hibbison failed to conduct any traffic investigation, and that his authority was limited to taking the time to inquire into the Vehicle Code violation and issue a citation. He argues Hibbison used the routine traffic stop as an excuse to investigate other matters. But that is not what happened here. At the point where Castellon failed to follow Hibbison's order to remain in the car and Hibbison became concerned for his safety, the stop ceased to be a routine traffic stop. As a result of Castellon's actions, Hibbison's initial focus shifted from a routine investigation of a Vehicle Code violation to officer safety.

II

Castellon next argues that even if the initial car stop was valid, the detention which occurred when Hibbison ordered him to remain in the car was unlawful because there was no evidence any crime had been committed or Castellon was connected to any criminal activity.

Our analysis begins with a determination as to whether Castellon was detained for Fourth Amendment purposes, and if so, at what point. Relying on People v. Bell (1996) 43 Cal.App.4th 754, 51 *207 Cal.Rptr.2d 115, the Attorney General argues a passenger in a vehicle that was lawfully stopped is, like the driver, lawfully detained. Recently, in People v. Cartwright (1999) 72 Cal.App.4th 1362, 85 Cal.Rptr.2d 788, this court rejected that approach. (Id at p. 1369, 85 Cal.Rptr.2d 788.) Citing Maryland v. Wilson (1997) 519 U.S. 408, 117 S.Ct. 882, 137 L.Ed.2d 41, we concluded, "Passengers are not seized within the meaning of the Fourth Amendment simply because they occupy a seat in a vehicle which a police officer stops for a violation of the Vehicle Code." (People v. Cartwright, supra, 72 Cal. App.4th at p. 1369, 85 Cal.Rptr.2d 788.) In doing so, "[w]e respectfully disagree[d] with the courts in People v. Bell, supra, 43 Cal.App.4th 754, 51 Cal.Rptr.2d 115 and People v. Grant [(1990)] 217 Cal.App.3d 1451, 266 Cal.Rptr. 587 to the extent they conclude passengers are detained from the inception of a traffic stop." (People v. Cartwright, supra, 72 Cal.App.4th at p. 1368, 85 Cal.Rptr.2d 788.) Accordingly, Castellon was not lawfully detained simply because the vehicle in which he was riding was stopped by Hibbison.

A person is seized for Fourth Amendment purposes when the officer's words would convey to a reasonable person that he or she is being ordered to stop, and the person complies with that order. (California v. Hodari D. (1991) 499 U.S. 621, 628, 629, 111 S.Ct. 1547, 113 L.Ed.2d 690.) After Hibbison told Castellon to remain in his car, Castellon left the car, but then stopped about three feet from the car, apparently in response to Hibbison's order and approach. At the point where Castellon submitted to Hibbison's authority, he was seized within the meaning of the Fourth Amendment.

Having determined a seizure occurred, our inquiry turns to whether Hibbison's detention of Castellon was reasonable.

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Bluebook (online)
91 Cal. Rptr. 2d 204, 76 Cal. App. 4th 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castellon-calctapp-1999.