#officerinvolvedshooting #policebodycam #policeshooting
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Sonora, CA --- On February 27th, 2024 at around 11:05 p.m., Tuolumne County Sheriff’s Deputy Alex Zanini conducted a traffic stop near the intersection of Merrel road and Harper road.
The vehicle was a white pickup truck with multiple vehicle code violations,
including an obscured license plate and a non-fonctioning left brake light.
The driver did not have any form of legal identification. The passenger also said he did not have an ID. The driver gave deputy Zanini a name, but a check of that name resulted in an expired California driver's license.
After the incident, it was determined the driver gave deputy Zanini an alias and the driver did not have a California driver's license.
Using the driver's name, deputy Zanini ran a computer check on local database which provided a photo, but the match was inconclusive.
Deputy Zanini also asked dispatch to pull a Calphoto to try to identify him.
Calphoto is a DWM database utilised by law enforcement.
With the driver identity unconfirmed, deputy Zanini asked the driver to exit the vehicle.
The driver consented to a search, and the deputy Zanini found a vial in his pocket containing a white residue.
Deputy Zanini had developed probable cause to search the pickup truck for controlled substance and forms of identification to verify the driver identity.
The driver consented to the search of the pickup truck.
In post-incident deputy Zanini statement, deputy Zanini said that he believed that the nearest backup to his location was approximately twenty minutes away.
For deputy safety, he wanted to secure the passenger later identified as 42-year-old Shawn Karr before conducting a search of the pickup truck.
GPS data obtained after the incident showed the nerest backup for deputy Zanini was approximately 25 miles away, near East Sonora.
On the winding rural roads, it takes approximately 40 minutes to cover that distance at normal driving speed.
Deputy Zanini's body camera stopped recording as he laid chest down on Karr, who was actively resisting. Deputy Zanini's body camera was center mounted on Deputy Zanini's vest.
Pressing the center button for 3 seconds stops the recording.
Pressing the center button twice starts recording.
Recording begins automatically when a sensor on the deputy's holster detects the service weapon has been removed.
During the srtuggle, the center button on the Deputy Zanini's body camera was depressed for three seconds stopping the recording.
As Deputy Zanini continued to lay chest on top of Karr, video recording resumed approximately 2 seconds later.
Due to a buffer feature the audio recording picked up approximately 15 seconds before the recording again stopped.
Deputy Zanini radiod in that he was in a foot pursuit, at which time backup units began responding Code 3 (lights and sirens).
In post-incident statement, Deputy Zanini said his intention was to lay on Karr until that backup arrived, which he anticipated would be around 15 minutes.
In a statement, Deputy Zanini said Karr turned on his side and he, quote "saw a revolver in his right hand, and it scared the shit out of me".
Deputy Zanini stated that, quote, "with my left hand, I grabbed his wrist and I could feel him resisting against it. like, in my head at that moment he was trying to point that gun at me to kill me."
Deputy Zanini drew his service weapon which automatically started the recording on his body camera. A deputy-involved shooting occurred.
Deputy Bomer arrived approximately 13 minutes after the Deputy-Involved shooting.
A California Highway patrol officer and additional deputies arrived moments laters.
Using a ballistic shield, deputies approached Karr and secured the firearm which was on the ground within his reach.
A second firearm was found in his left front pocket.
Deputies provided medical aid, including the use of CPR until arrival of paramedics. Karr died at the scene. Two firearms were recovered. Both were loaded.
In addition Karr had 13 grams of methamphetamine in his pocket.
Question.
When a vehicle is subject to a traffic stop, is a passenger in the vehicle "detained" for purposes of the Fourth Amendment?
Brendlin v. California
Yes. In a unanimous opinion written by Justice David Souter, the Court held that when a vehicle is stopped at a traffic stop, the passenger as well as the driver is seized within the meaning of the Fourth Amendment. The justices said.
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