P. v. Ward
Filed 7/21/06 P. v. Ward CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ELTON GLENN WARD, Defendant and Appellant. | C051028
(Super. Ct. No. 04F08028)
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In this case, we must decide whether the brief detention of a parolee (defendant Elton Glenn Ward) without suspicion of criminal conduct, and the subsequent search of his person and vehicle, were reasonable under the Fourth Amendment. At the time of the detention, the detaining deputy reasonably believed, but did not know with certainty, that the person he detained was on parole. Defendant contends that these facts render the detention invalid. We disagree. We also disagree with defendant's contention that the subsequent search was arbitrary. Accordingly, we will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On September 10, 2004, Sacramento County Sheriff's Deputy Duncan Brown was alone on routine patrol in a vehicle at approximately 1:56 a.m. While traveling eastbound on Auburn Boulevard, Deputy Brown observed a GMC Yukon traveling in front of him and decided to â€
