By Kaveh Nasseri
WOODLAND, CA – Yolo County Superior Court Judge Sonia Cortes this week granted a defense motion to suppress evidence used to arrest a defendant.
The accused, charged the defense, had been taken into custody by two police officers without probable cause, after which his car was searched without a warrant.
He was subsequently charged with misdemeanor driving under the influence (DUI) and with resisting or obstructing a public officer. But the defense claimed the accused did not speak English and could not comply with the officers’ demands.
In 2022, the accused drove past a bridge and pulled over with his windows down and his hands in the air, according to the testimony.
But because the accused did not pull over immediately, the officers said they approached the accused with their guns drawn and commanded him to turn the car off. One officer subsequently opened the door and said they dragged the accused to the ground.
The officer testimony said they placed the accused on the pavement, at which point the accused said he did not speak English. The officer responded by saying that he did in fact speak English. He attempted to communicate and asked if the officers spoke Spanish.
According to bodycam footage presented at the hearing, the accused yelled “wait a moment,” and “my brother” as the officers were placing him in custody. The accused also began to cry.
The accused’s father and sister-in-law were present at the scene and offered to translate for the accused, but the officers refused.
Despite lacking a warrant, the officers then conducted a search of the accused’s vehicle, where they found two open beer bottles. The accused was placed under arrest for DUI while his vehicle was towed.
The prosecution at the accused’s hearing argued the actions of the officers were justified, as the accused could have posed a risk to their safety when they first approached his vehicle.
The defense argued the officers had not given the accused the opportunity to comply, as there was a clear language barrier limiting communication, noting the officers did not have a Spanish-speaking officer present to translate, nor did they attempt to get a warrant for searching the accused’s vehicle.
According to the defense, this marked a violation of the accused’s 4th Amendment rights.
The defense asked the court to grant the suppression motion and “suppress evidence stemming from unlawful search and arrest.”
Judge Cortes granted the motion to suppress the evidence the officers had found, noting, “In looking at the totality, I don’t see probable cause for the arrest,” she said, dismissing all charges against the accused.
