California v. Thomas

Defendant Daniel Thomas appealed his convictions for possession of a dirk or dagger, possession of methamphetamine with prior convictions, and possession of drug paraphernalia. Sacramento Police received a call that a “male black adult subject wearing a dark hoody, . . . and black pants” was harassing customers in front of a business in the Del Paso Heights area. The Del Paso Heights area has a high crime rate. There were a high number of transients and homeless people in the area. The description of the subject was clarified as a gray hooded sweatshirt and black pants. Additional information included that the subject had “set up camp,” “there was some kind of homeless camp set up nearby,” and defendant “appeared to have something mental going on,” in that he did not seem to understand when people were speaking to him. There was no information in the call regarding threats, trespassing, battery, physical assault, or weapons being involved. The arresting officer observed the day of the encounter with Defendant it was a "pretty warm afternoon." Defendant was seated on the sidewalk approximately 70-80 yards away from the complaining business. The officers explained why they were in the area and speaking to defendant, but he “repeatedly would not give his name.” Based on “what he was wearing, the totality of the circumstances,” Defendant was asked if he had any weapons on him. Defendant said he was not on probation, did not have to speak to the officers, and began walking away. One officer put defendant in a control hold while the other handcuffed him and performed a patsearch for weapons. In the course of that search, the searching officer felt an item that felt like a fixed blade knife and what felt like a narcotics pipe. After removing the knife from the lining of defendant’s jacket, officers “observed” an EBT card in defendant’s pocket with defendant’s name on it. Police performed a records check and it showed defendant was on informal searchable probation. The officers continued to search defendant and found methamphetamine in the same pocket the pipe had been in. On appeal, defendant contended it was error to deny his motion to suppress under Penal Code section 1538.5 as the detention and patsearch were not justified by reasonable suspicion. The Court of Appeal agreed and reversed the trial court's conviction. View "California v. Thomas" on Justia Law