In re Viehmeyer CA4/3
On November 7, 2002, Santa Ana Police Officers William Sweet and Robert Ayres saw Viehmeyer, who was driving a 1983 Chevrolet Monte Carlo, make an illegal U-turn. While Viehmeyer was making the U-turn, the car stalled in the curb lane. A private citizen got out of his own car and helped push defendant’s car out of the traffic lanes. Officer Sweet then pulled his patrol car up behind defendant’s car and began pushing defendant’s car with the patrol car. As the officers were pushing defendant’s car toward a gas station, they were informed over the police radio that the car defendant was driving had been reported stolen. The officers decided to wait for additional police units to arrive before attempting to arrest defendant.
“When the officers stopped pushing defendant’s car, defendant ‘immediately’ opened his driver’s side door and got out of the car. Officers Sweet and Ayres exited the patrol car; Officer Sweet drew his gun and ordered defendant to get back in the car.
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