P. v. Sharp CA5
Defendant filed a motion to suppress evidence pursuant to section 1538.5 to challenge his detention, which was conducted without a search warrant.
On June 13, 2019, a motel clerk in Kern County told a potential customer she could not rent him a room. He became angry. He threatened to have someone “take care of her” and threatened to throw gasoline on the motel’s air conditioning units and set them on fire. He then left the motel. The clerk called law enforcement. Kern County Sheriff’s Deputy Bryan Nakabayashi received the call from dispatch and arrived at the motel at approximately 9:55 p.m. The clerk gave him a description of the suspect, and he reviewed the motel’s surveillance video footage showing the suspect.
Nakabayashi testified that the suspect “had a thin build. He was tall. He was wearing a black shirt, dark pants, red hat, and had a white shopping bag, and a dark shoulder bag.”
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