Serrano v. Superior Court of L. A. Cnty.

224 Cal. Rptr. 3d 622, 16 Cal. App. 5th 759, 2017 WL 4875557, 2017 Cal. App. LEXIS 945
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 30, 2017
DocketB282975
StatusPublished
Cited by9 cases

This text of 224 Cal. Rptr. 3d 622 (Serrano v. Superior Court of L. A. Cnty.) 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
Serrano v. Superior Court of L. A. Cnty., 224 Cal. Rptr. 3d 622, 16 Cal. App. 5th 759, 2017 WL 4875557, 2017 Cal. App. LEXIS 945 (Cal. Ct. App. 2017).

Opinion

LUI, J.

*763Defendant Manuel Serrano, charged with the sale and transportation of a controlled substance, moved for in camera review and pretrial disclosure of potential impeachment material the district attorney informed him is contained in the personnel file of the arresting deputy, who is expected to testify at Serrano's trial. The superior court denied the motion. Serrano petitioned for writ of mandate. We grant the petition and direct the superior court to vacate its order denying Serrano's motion and enter a new and different order granting the motion.

FACTUAL AND PROCEDURAL SUMMARY

A. Serrano's Detention and Arrest

Los Angeles County Sheriff's Deputy Adam Halloran was driving his marked patrol vehicle northbound on Interstate 5 when he spotted a Jeep in the number 2 lane, hugging the left side of the lane.1 When the Jeep passed a semitrailer, the rear tire crossed over the line into the next lane (an alleged violation of Veh. Code, § 21658, subd. (a) ). After the Jeep crossed over the line into the next lane a second time, Halloran performed a traffic stop. Halloran identified the Jeep's driver as Serrano and the sole passenger as Serrano's cousin, Homar Romero.

Halloran asserts in his report that he immediately noticed Serrano appeared extremely nervous. Serrano was breathing rapidly, and his hands trembled as he fumbled through his vehicle paperwork. Halloran also noticed a FoodSaver box, which his training taught him is used to vacuum *626seal narcotics. Halloran informed Serrano of the reason for the stop and asked if he had been drinking. Serrano replied that he had not.

Halloran instructed Serrano to exit his vehicle and asked where he had been coming from. Serrano said he had dropped off his grandmother at his aunt's house but was unable to remember the name of the city where she *764lives. According to Halloran, Serrano was squinting and his nervousness increased. When asked how long he had been in Los Angeles, Serrano did not respond directly and instead stated that he left Fresno at 4:00 a.m. Halloran observed that Serrano was so nervous that his voice began to crack, at which point Serrano, apparently conscious of his nervous behavior, volunteered that he had just consumed an energy drink.

Halloran concluded that while none of these behaviors individually would indicate criminal activity, taken together and considered in light of his law enforcement training and experience, they led him to be "extremely suspicious that a crime was occurring beyond a basic traffic violation." Serrano denied that there were any drugs or guns in the vehicle and refused Halloran's request for permission to search the vehicle. Halloran placed Serrano in the backseat of his patrol car and radioed for a K-9 unit. Up to that point Halloran had been operating alone, but soon was joined by passing California Highway Patrol Officer Smithson, who remained on the scene for officer safety.

When the K-9 unit arrived, the drug-sniffing dog alerted on the car, and in particular on the FoodSaver box in the back. Upon inspection, Halloran found the box contained a vacuum sealer and plastic bags, but no narcotics. Halloran then found a wrapped Christmas present in the backseat, which had a shape, feel, and weight consistent with bulk narcotics packaging of about one kilogram. Halloran unwrapped the present and found approximately 2.5 pounds of what appeared to be cocaine wrapped in foil and FoodSaver plastic material. Halloran also seized two cell phones as evidence consistent with drug dealing.

After advising Serrano of his Miranda rights,2 Halloran told him he had found drugs and asked Serrano if Romero was "in on it." Serrano replied, "Nah." Halloran said, "It's just you then?" Serrano nodded. Halloran asked Serrano, "You are saying the drugs do not belong to him (pointing to [Romero] ), they belong to you?" Serrano replied, "Yes." Halloran released Romero at the scene and arrested Serrano and transported him to the Santa Clarita station for booking.

B. Serrano's Pitchess Motion Seeking Brady Material3

On April 17, 2017, the People filed an information charging Serrano with one count of sale and transportation of a controlled substance, cocaine, in violation of Health and Safety Code section 11352, subdivision (a). On the *765same day, a deputy district attorney informed Serrano's appointed public defender that she should file a discovery motion, and that by so recommending he believed he was fulfilling his obligations under Brady , supra , 373 U.S. 83, 83 S.Ct. 1194. The deputy district attorney explained he had learned from the office's online database of recurring witnesses that Deputy Halloran's personnel *627file contains potential Brady material, although the entry did not disclose the nature of the material.

On April 24, 2017, Serrano's public defender filed a motion for pretrial discovery, requesting the presentation to the court of all potentially relevant documents in Halloran's personnel file for the court's in camera review. Based on People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 206 Cal.Rptr.3d 606, 377 P.3d 847 ( Johnson ), Serrano asserted the defense is not required to allege officer wrongdoing in order to obtain discovery. Instead, Serrano argued the defense need only aver that there is Brady material in the officer's personnel file and explain how the officer's credibility is relevant to the case. Thus, in her declaration accompanying Serrano's motion, the public defender stated: "The credibility of the arresting deputy is material to both a motion to suppress evidence and to trial. He is the arresting officer and the sole witness for the prosecution on all issues related to the stop of my client, including his observations of my client's driving; my client's demeanor; what was observed in my client's vehicle; what was found in that vehicle; and any statements made by my client." The declaration further asserted that, "[d]epending on the type of Brady evidence in this officer's personnel file, it may be used to impeach this officer's testimony and credibility at any hearing or trial."

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Cite This Page — Counsel Stack

Bluebook (online)
224 Cal. Rptr. 3d 622, 16 Cal. App. 5th 759, 2017 WL 4875557, 2017 Cal. App. LEXIS 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-superior-court-of-l-a-cnty-calctapp5d-2017.