People v. Chamagua

245 Cal. Rptr. 3d 523, 33 Cal. App. 5th 925
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 29, 2019
DocketB290057
StatusPublished
Cited by5 cases

This text of 245 Cal. Rptr. 3d 523 (People v. Chamagua) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Chamagua, 245 Cal. Rptr. 3d 523, 33 Cal. App. 5th 925 (Cal. Ct. App. 2019).

Opinion

WILEY, J.

*927The trial court denied Ralph R. Chamagua's motion to suppress evidence. The issue concerns a consensual encounter. We affirm.

I

At the suppression hearing, Sheriff's Deputy Brian Gorski testified he and his partner were patrolling in a marked patrol car about 10:45 p.m. on February 8, 2018. According to Gorski, Chamagua saw the patrol car, immediately changed direction, and quickly walked into an apartment complex driveway. At the same time, Gorski saw Chamagua put something in his pocket.

Gorski said his partner pulled their patrol car "just slightly" into the driveway, alongside Chamagua. The officers got out of their car. Gorski asked Chamagua, "Hey, how are you doing? What's your name? Do you got anything illegal on you?" Chamagua responded, "I have a pipe on me." Gorski searched Chamagua and found a pipe with traces of crystal methamphetamine.

Gorski asked, "Hey, you know, anything else illegal that you have on you?" Gorski said Chamagua "said, 'Yeah, I have a bunch of meth on me,' and he apologized." Gorski searched Chamagua's pocket and found a ping-pong-sized ball of crystal meth inside a transparent green container, like the type "commonly used as, like, a marijuana container ...." Gorski asked for Chamagua's identification, and Chamagua said it was in his wallet. In searching Chamagua's wallet, Gorski found "around $ 162" in denominations of ones, fives, tens, and twenties. Gorski read Chamagua his Miranda rights. Chamagua said he understood and he wanted to speak to the deputies without an attorney present.

*525Gorski asked what Chamagua was planning. Chamagua said "he was going to go party with some girls and smoke meth and that he had a problem with [methamphetamine]." When Gorski asked what Chamagua was doing with the large quantity of methamphetamine, Chamagua said he sells it to support his habit. Chamagua said he was going to sell methamphetamine to the people he was partying with later. Gorski arrested Chamagua.

Chamagua gave different versions of these events. On direct examination, he testified he lived at the apartment complex, and was unaware of the deputies until he was opening the complex's gate. At that point, Gorski called from behind him, "Hey, turn around. What do you got on you?" and then *928said, "What do you got in your hands? Let me see. Let me see your hands." After a brief exchange, Gorski asked if he had anything illegal in his pockets and he said that he had "a pipe, a meth pipe." He handed the pipe to the Gorski.

On cross-examination, Chamagua changed his account to a degree. He testified Gorski approached with his right hand toward the rear of Gorski's right hip, but that Gorski did not grab or try to hold onto him. In quick succession he testified: (1) Gorski took the pipe out of his pocket, (2) he handed Gorski the pipe, and (3) he did not remember what happened. He also said Gorski grabbed his wrists and jacket, and said, "What do you got there?" Chamagua said he had a pipe.

Chamagua contradicted himself when he testified the deputies called from behind him while he was opening the gate to the apartment complex, because he also testified the patrol car was between him and the gate.

The trial court denied the motion to suppress, "primarily on credibility grounds." Chamagua appealed.

II

When reviewing a ruling on a motion to suppress, we review trial court's fact findings for substantial evidence. ( People v. Zamudio (2008) 43 Cal.4th 327, 342, 75 Cal.Rptr.3d 289, 181 P.3d 105.) We accept factual inferences in favor of the trial court's ruling. ( Ibid. ) Where testimony conflicts, we accept the trial court's resolution of disputed facts, its evaluations of credibility, and the version of events most favorable to the prosecution. ( Ibid. ) We look only at the evidence in support of the successful party and draw all reasonable inferences in that side's favor. We disregard the contrary showing, as well as the weight of the evidence. ( Munoz v. Olin (1979) 24 Cal.3d 629, 635-636, 156 Cal.Rptr. 727, 596 P.2d 1143.)

Applying those principles here, we accept Gorski's description of his encounter with Chamagua. We disregard Chamagua's conflicting testimony.

On the Fourth Amendment analysis, our review is independent. ( People v. Zamudio , supra , 43 Cal.4th at p. 342, 75 Cal.Rptr.3d 289, 181 P.3d 105.) Federal law controls this review. ( People v. Robles (2000) 23 Cal.4th 789, 794, 97 Cal.Rptr.2d 914, 3 P.3d 311.)

A consensual encounter between a police officer and a citizen does not implicate the Fourth Amendment. ( Florida v. Bostick (1991) 501 U.S. 429, 434, 111 S.Ct. 2382, 115 L.Ed.2d 389.) An encounter is consensual if a reasonable and innocent person would feel free to leave or to refuse to *929cooperate with the police. ( Id. at pp. 434, 438, 111 S.Ct. 2382.) We examine the circumstances of the whole encounter. ( Michigan v. Chesternut

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Cite This Page — Counsel Stack

Bluebook (online)
245 Cal. Rptr. 3d 523, 33 Cal. App. 5th 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chamagua-calctapp5d-2019.