Car Passenger Not in Trouble, Until Allegedly Lied about Name, and Found with Lots of Drugs

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By Dalia Bautista Rodriguez

SACRAMENTO – Defendant David Breech wasn’t in trouble. At least not at first—he wasn’t the driver of a car stopped for making a lane change without signaling.

But he allegedly lied when asked for his name by a police officer, and it all went downhill from there—Breech is now charged and facing trial for possession of heroin, methamphetamine and alprazolam.

At Breech’s motion to suppress evidence hearing in Sacramento County Superior Court this week, Sacramento Police Officer Andrew Cunningham testified he conducted an enforcement stop of a green Honda sedan for a violation of making a lane change without signaling.

Cunningham said the male passenger gave the name of Michael Payalenee and when he ran a record check of the name it was found that Michael was on probation. However, the mugshot on profile did not match up to the male passenger in the vehicle.

Eventually, the officer did a little more investigation as to the passenger’s true identify—he asked “Michael” for his social security number, which he couldn’t provide. Cunningham said he thought that odd because most people know their social security number.

The female driver said believed the male was lying about his name. And when Officer Cunningham searched the male, he said he “observed” a wallet and a small bag on his waist band, which the officer believed to be packaging for narcotics.

The male admitted he was lying about his identity because he knew he was wanted, testified Officer Cunningham, who looked for an identification inside the male’s wallet and saw the name David Breech and ran a record check on it. It was found that David was on parole and had a warrant out for his arrest.

There was also $1,647 located in different denominations within Breech’s wallet, said the officer, who also found a hypodermic needle in Breech’s pocket with brown substance in it, which he believed was used to shoot heroin.

Cunningham said he also found a black bag in the rear passenger side with a clear prescription bottle with 43 full and 22 half pills he determined to be alprazolam. A metal spoon was also found with a black substance, which Officer Cunningham determined to be heroin with burn marks on the spoon. The defendant claimed the pills were from the year 2000.

Before being transported to jail, David Breech was asked if he had anything illegal on him and he said no.

But once at the jail, two more small bags with a brown substance, which had a vinegary smell to it were found on Breech. The bags were believed to be heroin. Officer Cunningham believed that to be an amount used for intent to sell.

Other drugs were found on Breech, and video showed drugs falling on the ground behind him as he walked away after being detained.

Judge Kevin McCormick denied the motion to suppress and Breech entered a not guilty plea. Judge McCormick also entered a general time waiver in Dept. 61 with Feb. 3 as the next court date.

Dalia Bautista Rodriguez is a third year- transfer at UC Davis and majoring in Community & Regional Development. She is originally from Guadalupe, CA.


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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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