COMPTON, CA – The judge here at a preliminary hearing Tuesday in Los Angeles Superior Court denied a defense motion to toss charges against an accused facing a felony drug charge because probable cause was absent in the arrest.
Police officer Joshua Luna was called to testify against the accused and after the testimony, private defense attorney Zaira Villagomez motioned to dismiss and suppress, charging there was no probable cause for the officer to search the accused’s vehicle.
However, Judge Karen Ackerson Gauff swiftly denied the motion, despite the fact the defense explained reasonable suspicion is “not probable cause to actually search or detain at the time of arrest.”
The judge stated officer Luna’s experience within the narcotics unit with the Los Angeles Police Department proves he can establish probable cause and reasonable suspicion.
Officer Luna told Deputy District Attorney William Michael Pfaff he and two other officers were conducting surveillance in the area of Compton Avenue after receiving reports of a “high flux of narcotic activity.”
DDA Pfaff then specifically questioned Officer Luna’s background in the LAPD, revealing Luna has handled “around 75 cases, but not more than 100.”
Officer Luna said he had observed a handoff between two individuals, identifying the accused as one of the individuals, adding a white baggie and money were exchanged and how the accused got into a white truck following the exchange. At this, the officers closed in on the accused, blocking his path, and detained and searched his person.
Upon inspection, $12,000 in cash was found in the accused’s pockets, said the officer, and determined it was enough to search the accused’s vehicle. They said they found two white bundles of cocaine base wrapped in napkins and an additional $326.
Luna explained how Jessica Vasquez, a criminalist at the LAPD, officially tested the substance and confirmed it to be cocaine base.
Defense attorney Villagomez cross-examined Luna, confirming he did not have proof the accused “gave anything illegal” to the other observed person because he was never caught by the officers.
Villagomez questions the nature of the baggie, and officer Luna agrees, “there are substances that are legal that are off-white in color.”
The defense noted officer Luna does not know what substance the person took off with and additionally, he did not observe just how much money was exchanged between the two. Upon questioning, Luna admitted, “It could have been a dollar.”
Officer Luna explained he observed the accused pouring a substance into the other’s hand. During the exchange, the accused had walked to his car, grabbed something, came back with a “clenched fist,” and poured.
Defense attorney Villagomez then claimed there is no probable cause and explains reasonable suspicion is not probable cause to search or detain the accused.
Judge Ackerson Gauff swiftly denies this motion, stating “Motion to dismiss and suppress denied,” based on the officer’s experience and observation of the transaction, adding, “there is no doubt of reasonable suspicion in this case,” and went on about Officer Luna’s experience and how equipped he was to determine probable cause for some time.
The accused was ordered to return for a Sept. 17 court date.
