SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA PALO ALTO COURTHOUSE THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, MISDEMEANOR COMPLAINT DA NO: 180205507 vs. CEN: 18006475 GA HELD 02/22/2018 GUSTAVO ALVAREZ aka GUSTAVO ALVAREZALVAREZ, ARCO aka EFRAIN ALVAREZ, aka GUSTAVO ALVAREZ ALVAREZ, 3980 EL CAMINO REAL PALO ALTO CA 94306 Defendant(s). The undersigned is informed and believes that: COUNT 1 On or about February 17, 2018, in the County of Santa Clara, State of California, the crime of DRIVING WHEN LICENSE SUSPENDED OR REVOKED FOR DUI CONVICTION, in violation of VEHICLE CODE SECTION a Misdemeanor, was committed by GUSTAVO ALVAREZ who did drive a motor vehicle at a time when his/her driving privilege was suspended and revoked for a conviction of a violation of Vehicle Code sections 23152 and 23153, and when he/she had knowledge of the suspension and revocation. It is further alleged that within five years prior to the commission of the offense charged above, on or about April 9, 2013, the defendant committed a violation of Vehicle Code section 14601.2, and was convicted of that offense in the California Superior Court, Santa Clara County (B1365680). COUNT 2 On or about February 17, 2018, in the County of Santa Clara, State of California, the crime of RES ISTING, DELAYING, OBSTRUCTING AN OFFICER, in violation of PENAL CODE SECTION 148(a)(l a Misdemeanor, was committed by GUSTAVO ALVAREZ who did willfully resist, delay and obstruct a(n) peace officer in the discharge and attempt to discharge a duty of his/her office and employment. COUNT 3 On or about February 17, 2018, in the County of Santa Clara, State of California, the crime of POSSESSION OF CONTROLLED SUBSTANCE PARAPHERNALIA, in violation of HEALTH & SAFETY CODE SECTION 11364, a Misdemeanor, was committed by GUSTAVO ALVAREZ who did possess an opium pipe and a device, contrivance, instrument, and paraphernalia used for unlawfully injecting and smoking a controlled substance. COUNT 4 On or about February 17, 2018, in the County of Santa Clara, State of California, the crime of APPROPRIATION OF LOST PROPERTY, in violation of PENAL CODE SECTION 485-488, a Misdemeanor, was committed by GUSTAVO ALVAREZ who did , having found lost property, passport, insurance card, check, under circumstances which gave him/her knowledge of and means of inquiry as to the true owner, , did appropriate the property to his/her own use and to the use of another person not entitled to it, without first making reasonable and just efforts to find the owner and to restore the property to him/her. With respect to defendant GUSTAVO ALVAREZ, the District Attorney hereby notifies you that he has reviewed his files and official records of the Department of Justice of the State of California and is satisfied that the defendant is not eligible for Deferred Entry of Judgment under the provisions of section 1000(a) of the Penal Code of the State of California for the following reason: Defendant's current offense includes a crime of violence or threatened violence. DISCOVERY REQUEST Pursuant to Penal Code sections 1054 through 1054.7, the People request that, within 15 days, the defendant and/or his/her attorney disclose: (A) The names and addresses of persons, other than the defendant, he/she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial; (B) Any real evidence which the defendant intends to offer in evidence at the trial. This request is a continuing request, to cover not only all such material currently in existence, but all material which comes into existence to the conclusion of this case. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the pretrial restraint of defendant GUSTAVO ALVAREZ, for the above-listed crimes. Complainant therefore requests that the defendant(s) be dealt with according to law. I certify under penalty of perjury that the above is true and correct. Executed on February 21, 2018, in SANTA CLARA County, California. Chamberlin 06495 (Conde 07816) PAPD (650) 329-2150 181027 PAPD WILLIAMS/ D194/ MISDEMEANOR/ AC Zg RE PROBABLE CAUSE AND BM INC THE AFFIANT A PEACE OFFICER FOR THE STATE OF CALIFORNIA (AGENCY) Em CE SIAIESTRAI. OIT IDAIEI Emu (NAMEI (20W Mm WMENITI 7 (ARREST 12-31 (BOOKING TIME) .WAS BOOKED AT THE SANTA CLARA COUNTY JAIL ON THE FOLLOWING CHARGES: I 1/7 ON-VIEW ONOVIEW REF. FELONY MISD. SCHEDULED No. BAIL 3 (DO NOT ADD IN BAIL Tic I 4! 100 FOR OFFENSESTHAT 1314 we a ARE THE SAME fist?Lam ?Mo. COURSE OF ACTION) gig; QUC ?slsde) BAIL SET BY COURT BAIL SCHEDULE TOTAL: BAIL SET BY MAGISTRATE 3 Judge AUTHORIZED SIGNATURE: DIRECTIONS FOR COMPLETION What facts led you to believe that the defendant committed the above felony/misdemeanor offense(s)? State reasons for initial contact/car stop. Describe actions of the defendant, addressing the elements of the offense(s), including of intoxication injuries and how inflicted. If you relied on third party information, describe incident and state who can establish the facts: REASONS FOR amazes a: 7716? 5.25?? was 5:2? EMMA 7776 dug/$7 ?ws car/try 9" RodaMMN 1141/6 A ?lm 14457455. 7716 50.99%? F957 mr-ra m5 ?one ma?a so 67/ CAMIN me Mg ?445 Mumme? mac Mae 7" WE 9023/05- Moat-<3 NH [Mia SVSW 72145?! ?4700/9? was-vee- ?ow 5 m. me $596? ?lbrv? Ma 95 9311?!? wow Adam-Ker av; 4H 5% m" Jd?ptof'xf um [2va Lost? [9ij 941% wwcu sum frfA?ch hr? Map? No W23 mum-2 To WM M3 was m? 718 8976 My EACH APPLICABLE SECTION BELOW MUST BE COMPLETED: Was the suspect armed? (Yesg Describe weapon:? Did the suspect resist arres o) CombatIve to officer(s)? Describe Fled only @No) Assault victim info: Age Ht Wt Sex Relationship to suspect Injuries sustained by victim: None Minor Moderate Major pe of theft: Person Residence Commercial Other (describe) Property taken and approximate value: a Property recovered: None Partial _Full Recovery 8) Controlled substances involved: (TprWEFIb?-r?r?g Presumptive test results (Required Information) Valuemz Quantity_ ?r Threats to victim(s) or witness(es): including information leading you to believe that the defendant may injure the ness(es) (threats, prior violence, etc.) or may flee prior to a court appearance:? I dfcIQare? under peiz?lixn of erjury, that the foregoing is true and correct. ?76/ 3/1me 11%wa Sigw of A?I?hanagd?g Number Affiant/Print name Date DISTRIBUTION: WHITE Court? BLUE Booking Jacket CANARY Classification GREEN OR PINK-arrearee - DA COPY PALO ALTO POLICE DEPARTMENT DR NUMBER TRAFFIC REPORT FORM 184027 22651 (P) Tow. but no 30 day hold - unlicensed for at least 30 days or cited for 14601 14602.6 Tow, but no 30 day hold -valid service gunman 13200 through 13376 CVC 14602.6 30 day hold valid service 13200 through 13376 CVC and not a 14601.1(a) violation 14602-6 30 day hold - driver never licensed or 14601.1(a) violation with Supervisor approval Vehicle not towed NAME: LAST FIRST MIDDLE Wm PHONE NUMBER AlvarezAlvarez, Gustavo COWLETE THE NEXT TWO LINES ONLY IF THE DRIVER WAS NOT CITEI ADDRESS SEX RACE HEIGHT WEIGHT HAIR EYES LICENSE NUMBER STATE STATUS SERVICE VALID AUTHORITIES STARTING DATE CA Suspended 133532A7 9-10-09 CONTACT I STOP (CVC OR OTHER) Driver seen exiting from driver?s door and known to be CVC 14601.2(a) DRIVING OBSERVED BY OFFICER WITNESS I Of?cer C. Conde #7816 Attachments: (Cal ONLY) I DL PRINTOUT I REG PRINTOUT DL310 CHP 180 - SHEET BOOKED SUSPENDED OR UNLICENSED DRIVER Drivers admissions regarding icense status: Knew lice was sus nded but claim not drivin icle Ever licensed in mother state or comtry YES NO Where: m. Who owns the vehicle? Driver Relationship: Self Does the owner know you have a suspended or expired license (or never issued a license)? YES I NO How long have you lived/worked in California? Is the owner a passenger inthe vehicle? YES I Owner admissions: NL Who gave you permission to use the vehicle? How ma'Iy times have you driven this vehicle in the last six months? Where are you going? Claims he was not driving Where are you coming from? Claims he was not drivirg Is this a company vehicle? YES NO Company Name: Is this vehicle insured? YES I NO I UNKNOWN Was driver given an impound Noti?cation Form? NO VEHICLE STOP AND NARRATIVE: See Narrative REPORTING (YFICER ID DATE SUPERVIS ID DATE C. Conde 07816 18 FEB18 2 ?Gm 2 -1 NAME (MST. FIRST. DDLE) i PALO ALTO POLICE DEPARTMENT C1 2483310 CASE NUMBER var; . 275 FOREST AVENUE cm; a name I 9 - . - PALO ALTO CA 94301 .Z 77/7331 . 9 REPORTING DISTRICT TYPE OF c. CI ?mom 8. Km: mm . (650) 329-2406 FORCE: w' - A a FIREARM OTHER: REPORT TYPE OCCURRED DATE TIME my My? :7 mu? 3A7 LOCATION OF EVENT TO I i 39 90 6; REPORTED ore. Roc- VICTIM REPORTING PARTY WITNESS OTHER . a FSDIFU I . INTERPRETER CI SPANISH CI OTHER: VICTIM SEXUAL ASSAULT VICIWIT ASSIST. VIOLENCE NEEDED: . VIETNAMESE ADDRESS CITY7STATE ZIP PHONE DL NUMBER sapmlsor I my,? ADDRESS CITYISTATE ZIP PHONE SSN Concur VICTIM NON DISCLOSURE MHEREAPPLICABLE) INJURY SART BOOD URINE PHOTOGRAPH 7 Wm wr- Ij ISDIFU INTERPRETER SPANISH OTHER: VICTIMADVISED: SEXUALASSAULT VICNVIT ASSIST. DOMESTIC VIOLENCE NEEDED: VIETNAMESE ADDRESS ZIP PHONE DL NUMBER BUSINESS I SCHOOL. ADDRESS CITYISTATE ZIP VICTIM INFORMATION: NON DISCLOSURE (WHERE APPLICABLE) INJURY SART BLOOD Fl URINE PHOTOGRAPH MAKE MODEL ODY TYPE VICTIM VEHICLE STATE VICTIMII . SAME AS VICTIM a ADDRESS ZIP UNIOUEW EDCE D.COVERED HANDS 79/1. VENTISKYLIGI-IT CI LRELIGIOUS INSTITUTION CI H. PRY TOOL 3 L. UNKNOWN E.DEFECATED o. RESTAURANTIBAR CI I. PUNCH CI . F. DISABLED ALARM F- CI 9. SCHOOL I: J. SLIPLOCK NEIGHBOR WES: G. DISABLED ELECTRICITY HOOD CHECKED 05719 I. DISABLED PHONE OFFICERS NAM ID NUMBER ON 5367 VICTIM VEHICLE WAS STOLEN [j INIPOUNDED STORED LEFT AT SCENE RELEASED AT SCENE HELD FIPRINTS PRINTED LOST OR STOLEN PROPERTY (NOT FOR EVIDENCE) 7 ITEM QTY BRAND MODEL I TYPE I DESCRIPTION OF PROPERTY SERIAL NO. VALUE .ICR MCI GANG PHOTOS SCENE c. [j . LATENT TYPE OF PREMISE POINT OF ENTRY METHOD OF ENTRY P. RANSACKED PRINTS - K. WINDOW SMASH A. APARTMENT A.ADJACENT BLDG. A. BODILY FORCE 0. RUMMAGED L. UNKNOWN DRUG 0- CONDO CI 8. DOOR CHANNEL LOCK R. USED MATCHES SUSPECT ACTIONS TEST E.DRUGIMEDICAL OVVINDOW D. CUTTING TOOL S. USED PROPERTYTO O. B. ON PREMISE TRANSPORT GOODS PROPERTY CI F. FINANCIAL INSTITUTION D. GARAGE NO FORCEMEY C. CAT BURGLAR H. HOTEIJMOTEL G. ROOF G. OPENIUNLOCKED DOMESTIC VIOLENCE A ALCOPOUDRUGS CI 8. CHILDREN PRESENT CI C. PRIOR CONTACT WITH SUSPECT Bis r8 5 05m 6633?! Ti?" - "'15 PALO ALTO POLICE may MI 54 SUSPECT PAGE lo $7 Bonus DIED mm: twat mm mom mm DIM: st: LAST, FIRST. MDDLE RACE I AGE WT HAIR 6U 37mm EF RELATIONSHIPTO VICTIM SPANISH OTHER: "550503 VIETNAMESE ADDRESS PH pm 3480 67, mm?: (LCML 44.13 (m Mam 9?506. DUSINESS NAMEISCHOOL NANE AND ADDRESS mane mom .0, STATE CITECLOTHING WW6 WT, am HAIR STYLE FACIAL MAR WEAPONS . TC A AFRO c. IECEDING A DEARD IEAVT A ACNEIPOCNED [j a CUTTING INST. a DALDISIIAVED STRAIGHT E. CLEAN SHAVEN DNEDIUM c. woe?? DDRAIDED L. a PUMANOHU C. MUSCLAAR CPRECICED IL REVOLVER Disc 6- MWIGITOLPEE C. GOATEE D. POT D-UGHT r. o. CREWCUT LOVER LIP G. SMALL E-MEJIW G. SEMI AUTO coo LOC. r. LONG SPEECH D. MJSTACHE a ETHIN SHOTGLN H. PONY TAIL A ACCENT J. SDE APPEARANCE D. SIMULATED peso P. PUNK a. LISP F. UNSHAVEN TEETH C. BODY ODOR .I. UNKNOWN 4. SHORT C. STUTTER 0. GOLD EDISGUISE EOTER CLOWG E. MISSING A ADDL SEE NARRATNE GLASSES HANDED 6- WHAT G. ROTTEN 0 WELL Gama a. GLASSES Cl LEFT 5- GLMS H. SILVER CODE: 9- SCARs P: PIERCING A SUNGLASSES RIGHT ?30'1- SEE T: TATTOO vac MISSING BODY Chum CRIB nun com mu Duncan Anna Dunc 5;;er? CI LAST MIDDLE I RACE SEX 0013 ACE HT wr MR EYES mum?s". 7? m? INTERPRETER SPANISH OTHER: ?5?50 [3 VIETNAMESE ADDRESS CITYISTATE PHOIE PFN SUSIESS NANEISCHOOL NAME AND ADDRESS CITWSTATE ZIP PHONE PNDTO ID- DL NIAADER STATE SSN CITE: CEN CLOTHING UNIDLE IDENTFEE (Cl In SCARs, MARKS. TATTOOS ETC. HAIR STYLE HAIR TYPE FACIAL HAIR BULD COMPLEXION MAPONS A. AFRO C. RECEDING Aawo [j A. mm AACIEPOCKED a. CUTTING INST. LDC. x. 5mm CLEANSHAVEN 3, MEDIUM a. DARK D. DRAIOED memunu a FU MANCIIJ CMUSCULAR c. FRECKLED REVOLVER 0650 G. COLLAR mug-rouge; C. GOATEE 0. par new, D. LIGHT F. RIFLE O.CREWCUT LP DGSMALL DEMEDIUM GSEMIAUTO m?mc: F- LONG SPEECH D. MUSTACHE THIN H. A ACCENT 1. SIDE BURNS APPEARANCE D. SIMULATED P. PUNK a. LISP UNSHAVEN TEETH C. SHORT C. STUTTER CLOTHING 0 GOLD EDISGUISE 5- 07?5? SEE NARRATIVE a EM'ssm AUNKEMPTIDIRTY . GLASSES ??050 GROOMED I CODE: SCARS M: MARKS P- PERCNG a cusses Ian Glows sILvsR . T-TATTOO Ne- aoov A SUNGLASSES - RIGHT MASK SEE NARRATNE I MAKE STATE SUSPECTVEIIOLE so COLOR I SUSPECT to? Po?; 3 [mm . mm? ?mm Lama: warn smut Pun CI mm was sun loom-Tm I NAME (LAST. FIRST. MIDDLE) SAME As SUSPECT ADDRESS DAMAGE TO VEHICLE STOLEN LEFT ATSCENE RELEASEDAT PIPRINTS OPPICERS NAME ID NUMDER DATE WATCHIDIVISION SUPE OR REVIEW IO Inn-Pm REPORT TYPE SUPPLEMENTAL (CIRCLE) ALO ALTO POLICE CASE NUMBER DUI ADULT MISC CONTINUATION 18-1027 1 ADDITIONAL FACE SHEET 2 3 Penal Code Resist Of?cer 4 Traf?c Suspended 5 Paraphernalia 6 Penal Code Misc 7 8 SYNOPSIS 9 10 A vehicle was seen driving on the 600 block of Los Robles Street. Of?cer saw the suspect, 11 Gustavo ALVAREZALVAREZ, exit the vehicle through the driver?s side door after parking in 12 front of his home. ALVAREZALVAREZ was told by of?cers that he was detained and to exit 13 his residence. ALVAREZALVAREZ resisted, delayed, and obstructed police by remaining 14 inside his home. Police made entry into residence and took him into 15 custody. A search incident to arrest revealed a methamphetamine pipe. The suspect displayed 16 the objective signs and of being under the in?uence of a controlled substance- CNS 17 stimulant. An inventory search prior to a tow of vehicle resulted in lost 18 or stolen property that did not belong to ALVAREZALVAREZ. ALVAREZALVAREZ made 19 no attempts to return the property to the owners. ALVAREZALVAREZ refused three attempts 20 to give a sample of his blood and again became uncooperative with police. The suspect, Gustavo 21 ALVAREZALVAREZ, was booked into the Santa Clara County Main Jail for the on-view 22 charges of PC 148(a)(1), CVC 11364(a), 11550, PC 485, and CVC 23 23 1 52(e). 24 25 INVESTIGATION 26 27 I am currently assigned to the Field Services Division within the Palo Alto Police Departmentwas working in full police uniform driving a marked PAPD vehicle. At 30 approximately 2223 hours, I observed a vehicle (CA license driving west on the 600 31 block of Los Robles Avenue. I recognized this vehicle from prior police contacts with the 32 suspect, Gustavo ALVAREZALVAREZ, in particular the style and color of the vehicle, as well 33 as the distinct stickers on the rear of the vehicle. From prior police contacts, I knew that 34 AlvarezAlvarez had a suspended driver?s license. I also know that ALVAREZALVAREZ was 35 cited and released for driving with a suspended license by Of?cer Johnson on 26 JAN 18 36 attached). I conducted a records check of the vehicle on my patrol 37 vehicle?s Mobile Data Terminal (MDT), and I observed that there was a release of liability 38 registered to ALVAREZALVAREZ. I followed the vehicle into 3980 El Camino Real, where 39 ALVAREZALVAREZ resides. 40 41 I observed that the vehicle pulled into space #33, and ALVAREZALVAREZ exited the driver?s 42 side door. I immediately called out his name, and he acknowledged me. I advised him that he 43 was detained because I had reasonable suspicion that his license was suspended. I told him 44 several times that he was detained, and he needed to come with me to my patrol vehicle. 45 ALVAREZALVAREZ became verbally aggressive and walked into his home, located at 3980 El 46 Camino Real, Space #33. NAME ID NUMBER DATE SUPE ID NUMBER DATE C. Conde 7816 18 FEB 18 (3?1 2, A 8 8 nAr?i. 4&7 REPQRT CLASSIFICATION SUPPLEMENTAL (CIRCLE) ALO ALTO POL 1C CASE NUMBER ADULT MISC CONTINUATION 1 8-1027 I called for additional units due to do ALVAREZALVAREZ being verbally aggressive and running away into his home. Ofc Hubbard, Ofc Johnson, Agt DeStefano, and Benitez responded and arrived on scene. ALVAREZALVAREZ then opened his front door and continued to be verbally aggressive from his front door. A gt DeStefano and I continued to tell ALVAREZALVAREZ multiple times that he needed to exit his residence and walk to my patrol vehicle. ALVAREZALVAREZ then yelled at of?cers something similar to ?Fuck you. Come get me.? As Ofc Hubbard, Agt DeStefano, Benitez, and I approached ALVAREZALVAREZ, he slammed the front door. Benitez kicked the front door in order to prevent ALVAREZALVAREZ ?s escape and take him into custody. (See Benitez?s supplement for further information.) At approximately 2232 hours, ALVAREZALVAREZ was then taken into custody. PAPD Dispatch con?rmed that ALVAREZALVAREZ ?s driver?s license was still suspended. During a search incident to arrest, I located inside ALVAREZALVAREZ ?s front right pants pocket a glass pipe with a bulbous end containing a white substance and scorch marks on the bottom. Bases on my training and experience, the pipe is consistent with what is used to smoke methamphetamine. Ofc Johnson further assisted me by towing vehicle. (See supplement report) I transported ALVAREZALVAREZ to PAPD AIB. At approximately 2249 hours, I advised ALVAREZALVAREZ of his Miranda rights from my PAPD issued Miranda Card. ALVAREZALVAREZ responded ?Yes? to each Miranda statement. ALVAREZALVAREZ gave an implied waiver by proceeding to answer my questions. I showed ALVAREZALVAREZ the methamphetamine pipe that I located inside his pocket and ALVAREZALVAREZ provided the following statement in summary: Statement of (S) Gustavo ALVAREZALVAREZ ALVAREZALVAREZ con?rmed that the methamphetamine pipe was his by stating, ?That is mine.? ALVAREZALVAREZ stated that he did recognize me from past police contacts and saw the police car. ALVAREZALVAREZ stated that he was unsure if he heard the speci?c word detained. ALVAREZALVAREZ con?rmed that he heard police of?cers giving him commands to exit his residence, but refused because he was tired of getting tickets. NAME ID NUMBER DATE SUPERV OR REV ID NUMBER DATE C.Conde 7816 18FEB18 . 25684 . -, #934 . REPORT CLASSIFICATION SUPPLEMENTAL (CIRCLE) PALO ALTO POLIC CASE NUMBER DUI ADULT MISC CONTINUATION 13-1027 1 ALVAREZALVAREZ let me conduct a few Drug Abuse Recognition tests to see if he was also 2 under the in?uence of a controlled substance. 3 4 Horizontal Gaze Nystagmus 5 6 Horizontal Gaze Nystagmus was not present in eyes. He had 7 smooth pursuit in both his left and right eye. 8 9 Vertical Gaze Nystagmus 10 1 1 Vertical Gaze Nystagmus was not present in both eyes. 12 13 Lack of Convergence 14 15 eyes were able to converge. 16 17 Pulse 18 19 At approximately 2301 hours, pulse was 120 BPM. At 20 approximately 2315 hours, ALVAREZALVAREZ pulse was 110 BPM. At 21 approximately 0011 hours on 18 Feb 18, ALVAREZALVAREZ pulse was 116 BPM. 22 23 Modi?ed Romberg 24 25 ALVAREZALVAREZ displayed rapid lid tremors. He estimated 30 seconds to be 26 17 actual seconds according to my timer on my phone. 27 28 Pupil Size 29 30 pupils were approximately 4.0 mm in size. 31 32 Pupillarv Reaction to Direct Light 33 34 Both his pupils displayed a slow reaction to direct light. 35 36 Based on the objective signs and I believe that ALVAREZALVAREZ was under the 37 in?uence of a CNS stimulant? methamphetamine. At approximately 2315 hours, I read 38 ALVAREZALVAREZ the 11550(a) admonition. After reading ALVAREZALVAREZ the 39 admonition, I asked ALVAREZALVAREZ if he understood what I had read and he said, ?Yes.? 40 When I asked if he would submit to a blood test, he said, refuse the blood test.? 42 At approximately 2317 hours, I read ALVAREZALVAREZ the 1 1550(a) admonition 43 again.? After reading ALVAREZALVAREZ the admonition, I asked ALVAREZALVAREZ if 44 he understood what I had read and he said, understand everything.? When I asked if he 45 would submit to a blood test, he said, NAME ID NUMBER DATE ID NUMBER DATE c. Conde 7816 18 FEB 18 53,12: J1, 05,38! 2 48-4 . SUPPLEMENTAL (CIRQE) PALO ALTO POLICE CASENUMBR DUI ADULT I MISC 18-1027 CONTINUATION Ofc Johnson later informed me that while performing an inventory of 2 vehicle, he found items that did not belong to ALVAREZALVAREZ. (See Ofc Johnson?s 3 supplement for further information.) 4 5 Continued Statement of Gustavo ALVAREZALVAREZ 6 7 I showed ALVAREZALVAREZ the insurance card with the name 8 ALVAREZALVAREZ stated that the card belongs to a friend that he met last night. 9 ALVAREZALVAREZ stated that is approximately 30- 40 years old IO and lives in San Francisco. When I asked him who was, 1 1 ALVAREZALVAREZ stated don?t know who that is.? ALVAREZALVAREZ could 12 give no valid reason why he was in possession of a check belonging to 13 14 15 I then asked who the owner of the passport that was located inside his vehicle. 16 ALVAREZALVAREZ stated ALVAREZALVAREZ stated that he 17 met last night at treet in San Francisco, which is a sex 18 club located in San Francisco. ALVAREZALVAREZ stated that he was waiting for 19 to call him because he did not have his phone number. 20 ALVAREZALVAREZ stated he did not make any attempts to contact the police so that 21 he could return the ass ort to the rightful owner. The passport of had 22 the actual name of 23 24 [then asked ALVAREZALVAREZ about the paperwork that I located inside his ant? 25 pocket durin a search incident to arrest. The paperwork belonged to? Hi 26 and ALVAREZALVAREZ said he had no idea, and might have found 27 the paperwor at ood Will. 28 29 At this time, ALVAREZALVAREZ became again verbally aggressive and uncooperative 30 with the investigation. ALVAREZALVAREZ said something similar to ?I?m tired. ust 3 take me to jail already.? 32 33 At approximately 0026 hours, I asked ALVAREZALVAREZ for a third time if he was willing to 34 provide a blood sample. ALVAREZALVAREZ was adamant that he was unwilling to provide a 35 blood sample. 36 37 Based on the objective signs and displayed by ALVAREZALVAREZ, the statements 38 of the suspect, and the totality of the circumstance, I had probable cause to arrest 39 ALVAREZALVAREZ for resisting, delaying, and obstructing a peace of?cer, driving with a 40 suspended license, possession of a methamphetamine pipe, being under the influence of a CNS 41 stimulant- methamphetamine, misappropriation of lost or stolen property, and driving under the 42 influence of drugs- methamphetamine. 43 44 I then transported and booked ALVAREZALVAREZ into the Santa Clara County Main Jail for 45 PC 148(a)(1), CVC 14601 ll364(a), 1550, PC 485, and CVC 23152(e). 46 47 OFFICERS NAME IDNMER DATE . ID NUWER DATE C. Conde 7816 18 FEB 18 J, L. 136131 2' 4% 6 9051 REPORT TYPE .1 SUPPLEMENTAL (CIRCLE) ALO ALTO POLICE CASE NUMBER DUI ADULT MISC CONTINUATION 18-1027 1 Evidence 2 3 Portions of this incident were captured and recorded on MAV. Ofc Hubbard booked the 4 methamphetamine pipe into evidence, and Ofc Johnson assisted me with booking the 5 remainder of the evidence. 6 7 Additional Information 8 9 ALVAREZALVAREZ currently is on court probation with the following terms: Obey all 10 Laws, search seizure, and Do not enter goodwill at 4085 El Camino Real, Palo Alto 1 1 12 Criminal History 13 14 ALVAREZALVAREZ has a prior history for PC 484, CVC 23152(a), CVC 23152(b), 15 11550(a), CVC CVC PC PC PC 459, 16 PC 476, PC 460(b), PC PC 245(a), PC 243(c)(1), PC 488, PC 485, and HS 17 11364. 18 1 9 Recommendation 20 21 Prosecute suspect as booked for PC 148(a)(1), CVC 14601 11364(a), 22 11550, PC 485, and CVC 23152(e). 23 24 25 26 Benitez Scene Assist See Supplement. 27 Agt DeStefano Scene Assist No supplement. 28 Ofc Hubbard Scene Assist/ AIB No supplement. 29 Ofc Johnson Scene Assist CHP 180 See Supplement. NAME ID NUMBER DATE SUPER ISOR L, ID NUNEBER DATE C. Conde 7816 3.2105.- ax? REPORT TYRE CLASSIFICATION SUPPLEMENTAL (CIRCLE) V) AL 0 A LTO LICE CASE NUMBER DUI Adult Miscellaneous CONTINUATION 18-1027 y?A INVESTIGATION On 2-17-18 at approximately 2230 hours I arrived at 3980 El Camino Real Space #33 after hearing on the police radio that a known driver with a suspended driver?s license had de?ed police orders after stopping and parking his car and ?ed into his mobile home. It should be noted that I am one of the night time sergeants and I was in full uniform and driving a fully marked patrol vehicle #5260. As I was driving to the scene, I heard on the police radio that the suspect (Gustavo Alvarez) had opened the front door to his mobile home, taunted police with ?come and get me? and then closed the door. Upon my arrival, the front door of the mobile home was closed and Agent DeStefano was giving clear and loud verbal orders for Alvarez to open his door and exit his house. Agent DeStefano was standing approximately 10 feet from the front door while giving his orders. Within a short period of time I saw Alvarez (who I also know from prior law enforcement contacts) open the front door with an older man standing behind him. While standing in the open doorway, Alvarez was acting like a juvenile while sarcastically calling out, ?come and get me, come and get me?. The older man standing behind Alvarez was motioning with his arms for us to leave. At this point Agent DeStefano and I started walking towards the front door to apprehend Alvarez since of?cers had two on-view charges against him; driving on a suspended license and now resisting of?cers. As we walked toward the front door Alvarez suddenly stepped back inside and shut the door. As I approached the front door I could hear the locking mechanism being turned. I tried to turn the door knob with my hand but noticed it was locked. At this point I told Agent DeStefano that I was going to kick the door open. While standing on the stairs leading to the front door, I kicked the front door a bit too low and the door did not open. I then repositioned myself on the stairs and kicked a second time, this time higher on the door. This time the door sprung open as the door jamb splintered. When the front door opened Alvarez was standing next to it and he seemed surprised that his front door had been kicked it open. I then used my right hand and grabbed Alvarez at the front of his shirt and physically pulled him outside. His vehicle was parked directly in front of the short set of stairs that led to his front door so Agent DeStefano and I put Alvarez on the hood of his car where he was handcuffed. No other force was used on Alvarez. Recommendation Supplement only NAME ID NUMBER DATE SUPERVIS VIEW ID NUMBER DATE Benltez, Wayne Sgt. 3985 2-17-18 be (3 4 18 8 ?gig REPORT WPEICIASSIFICATION SUPPLEMENTAL (CIRCLE) Adul i PALO ALTO POLICE ?55m" CONTINUATION 18-1027 INVESTIGATION 10 On 02/17/2018, 1 was assigned to the Field Services Division and working team 5B. At approximately 2223 hours, I responded to the area of 3980 El Camino Real Space 33 in response to a request from Of?cer Conde for assistance regarding a traf?c enforcement stop. I responded to the scene in a fully marked police vehicle (5232) and in a department issued uniform. While I responded to the scene, my patrol vehicle?s Mobile Audio and Visual (MAV) system activated. As I arrived on scene, I was assigned a perimeter position on the back of space 33 until the suspect, Gustavo Alvarezalvarez, was taken into custody. 11 I assisted Of?cer Conde in his investigation by completing a CHP 180 to tow Alvarezalvarez?s 12 vehicle (5SEK815). I conducted an inventory search of Alvarezalvarez?s vehicle, and while 13 doing so, I located a small piece of paper that was poking out from behind a side panel of the 14 center radio cluster of the vehicle. Upon removin the iece of a er from behind th 15 observed that it was a check paid to the order 0 16 thought that this was odd, as it did not have Alvarezalvarez? 3 name on it, so I collected it as 17 possible stolen property. Agent DeStcfano alerted me to the glove box where he began to 18 ry search and pulled out a member Insurance card In the name of 19 Wand a Republic of Indonesia Passport belonging to a 20 Agent DeStefano handed me the insurance card and passport, and I collected it for 21 later processing. I also observed Agent DeStefano locate a fake $100 bill that was marked for 22 motion picture use only, and was located in a backpack located in the front passenger 23 compartmentofAlvarezalvarez?s vehicle. Agent DeStefano handed me the fake $100 bill and I 24 collected it for later processing. 25 I I 26 A continued search of Alvarezalvarez?s vehicle yielded a black laptop wedged between the front 27 passenger seat and the center console. I observed that it was a newer looking Samsung laptop 28 and had a ?Chrome? brand badge on the front of it. I asked PAPD communications to conduct a 29 records check on the serial number of it, and they advised me that it was clear. Based on the 30 laptop appearing new and expensive, I collected the laptop for safekeeping and brought it back to 31 the PAPD AIB along with the other evidence I collected, and met with Officer Conde. I provided 32 Officer Conde with the found items and he proceeded with questioning Alvarezalvarez about the 33 items. I also assisted him with booking them into a PAPD evidence locker for evidence. Of?cer 34 Conde advised me that Alvarezalvarez had been Mirandized. I began asking Alvarezalvarez 35 about the laptop I located in his vehicle, and under Miranda, Alvarezalvarez stated the following 36 in summary while he was in 37 38 Statement of Suspect Gustavo Alvarezalvarez 39 40 Alvarezalvarez stated that the laptop was not his, but belonged to a friend. Alvarezalvarez 41 was unable to provide contact information for the owner of the laptop and was only able 42 to provide a name of Alvarezalvarez stated that he met -in San 43 Francisco the night prior and met at a club, then went to a friend?s house with 44 Alvarezalvarez then le? before trying to return belongings back to him, an 45 Alvarezalvarez stated that -knew that Alvarezalvarez had his laptop even though 46 Alvarezalvarez had not spoken to him at any time from when he le? until now. He later OFFICERS NAME ID NUMBER DATE . kw ID NUMBER DATE I. Johnson 7754 02/18/2018 A 66 .1. 8 I 1 REPORT TYPE .5 (N Adult 2 SUPHIIE NTAL (C LE) PALO ALTO POLICE CONTINUATION AS NUMER 18-1027 I changed his statement and stated that he had in fact texted - about the laptop. He 2 also stated that was from Sacramento, and that he was considered a ?iend because 3 they had met a few times before. 4 5 The laptop was determined to be under observation since it did not belong to Alvarezalvarez and 6 he was unable to provide the password to unlock the laptop. I attempted to locate contact 7 information for the owner of the check; however, I was un to locate any current contact 8 information for the owner of the check. I attempted to call lace of employment as depicted 9 by the check, however the phone rang for an extended period of time and I was not able to leave 10 a voicemail message. 1 1 12 Evidence 13 14 Ipackaged and placed the passport, insurance card, fake $100 bill, and check into a 15 PAPD evidence locker as evidence. I packaged and placed the laptop as evidence under 16 observation. I took digital photographs of the items of evidence and uploaded them into 17 VeriPic. I also packaged and placed three documents that were found by Officer Conde 18 into a PAPD evidence locker as evidence. 19 20 Recommendation 21 22 Supplement only. NAME 1. Johnson ID NUMR 7754 DATE 02/18/2018 SUPERV 50R REVIEW i5 Iomunsk [one . CALIFORNIA STATE ADENCV EDMUND G. UR . Gowmc DEPARTMENT OF MOTOR VEHICLES . UCENSING OPERATIONS DRIVER SAFETY HEADQUARTERS PO BOX 189516, ws me SACRAMENTO. CA 95818-9516 (916) 657-7730 FOR DMV USE ONLY 126 - ADMINISTRATIVE PER SE NOTICE OF FAILURE TO FILE 0R DISMISSAL OF CRMINAL CHARGES (??2314o, 23152 or ?23153 Vehicle Code [vc1) vc MVERS NAME ??qu ADDRESS OUT or STATE DRIVER LICENSE No. ARRESTDHE Daytime Residence DISTRICT STATEMENT Criminal charges related to the arrest of the above named driver under ??23140, 23152, or ?23153 VC have not been filed by the District Attorney or were dismissed by the court because of lack of evidence. A driver has a renewed right to request a hearing on an Administrative Per Se (0.05% or 0.08% BAC) suspension by the department. ?13353.2(l) VC requires adetailed explanation specifying which evidence was defective or lacking and why such evidence was considered detective or lacking.Attach a separate sheet, if necessary. and any relevant supporting documents. (This section does not apply if the driver refused to submit to or failed to complete a chemical test.) CHECK THE APPROPRIATE AND EXPLAIN FULLY BELOW: [3 INSUFRCIENT PROBABLE CAUSE CI UNLAWFUL ARREST 1% ACCURACY OF CHEMICALTEST EQUIPMENT COMPLIANCE WITH TESTING PROCEDURES OTHER thattheforegoingis trueand correct. DISTRICT ATTORNEY-s NAME DISTRICT ATTORNEY omrz . ADDRESS CITY STATE DP CODE SIGNATUE DATE WHITE - DMV YELLOW - DRIVER PINK - DISTRICTATTORNEY 712013) A Public Service Agency pm I IT K~ow~ FRE BOOKING INFORMATION SHEET AGENCY ?70 a? ?3me FIRST ?usmvo DRIVER LICENSE IN SOCIAL SECURITY NO. IN REP RT NUMBER ST 3? . L. ?w . ..vf53.. SIDENCE STREET SUFFIX APT. NO. CITY gym: I ZIP CODE ?7If0 (Ammo Iii/I1. :53 We - EEW TELEPHONE LAST NAME FIRST MIDDLE GEN NICKNAME ho . OCCUPATION LNION TSCAL UNIZM My, EMP. ADDRESS STREET SUFFIX APT. No. CITY ZIP CODE I .V .70 I 7- REIT - EMER TELEPHONE I MAKE YEAR VEHICLE LOETION CITY CITIZEN LAST NAME (ARRESTING) FI MI - 35:26 ?10 ?g - I (Argo 4? ij?il??Ln IQ: . - PM 0F, 2757/! 7 :3 AHHESFLOCATION STREET APT. NO. X-STREET CITY ZIP CODE REDUES SPUB. DEF I I A 2243/0 (Ad-baa 3] J) 1197/) 813-?? ?g DYES XJNO 821/822 PC FELONY ARREST AGENCY 851.5 ESCAPF 0? DEF ETC AFFIDAVIT EYES YES "0 TIME DATE "t I.O. NO. 1 CODE . SECTION (DESCRIPTION BAIL COQRT WARRANT NO. if I . . so Jbo2/H% I Ug?i; zit/1L. ?$766 _1 \l c, M?o 1.36?) W6 9159ore?:- 99/60(-000 II. or: 92% I I?m 13 15,050 :ng ARRESTING OFFICER: . (gazueAlL TOTAL I43 066 El @3330?? [3 $2239.33 ?smog WALLET [11 Ml." 058? I JACKET COLOR RIM mac-I CHECKBOOK SWEATER COLOR BELT BUCKLE . COLOR \l KEYS II KNIFE PANTS COLOR ma. WATCH, COLOR 0 BRAND COLOR - STONE . 2' SHOE COLOR ?/Anz .. STORE PURSE STONE LIPSTICK MISC. ITEMS LEHTETR COMB-BRUSH CIGARETTES ALIENSIAIUS REQUEST NOTIFICATION MANDATORY NOTIFICATION mama-? TO CONSULATE YES TO CONSULATE YES DATE TIME DEPUTY ID7-6/5 SIGNATURE FDR PROPERTY. NOTIFICATION OF 7 RECEIVING BADGE NO. 8. TIME BADGE NO. . RIGHTS UNDER P.C. SEC. 821/822 STATEMENT OF ALIEN I . ?mm-m .- . STATUS, RECEIPTOFCOPYOF BOOKING INFORMATION DISTRIBUTION- Book-GREEN Propeny OW ?35.19 STATE CALIFORNIA WARNENT OF CALFOMM HIGHWAY PATRQ NOTE OF 180 IS FURNISHED TO N.L PEACE VEHICLE REPORT OFFICERS BY THE CAUFORNA I-IGHWAY PATROL CHP 180 (Rev. 4-16) OPI 061 El? COOE OF REPORT :2}:ng VEHICLE I . ONALLY .- f: AL 113% >ij II am TION TOWEDISTOLEN FROM READNC CLEAR IN svs9 3mg? ?re: Tue DISPATCH Loo. No. 3q_ go Mlle 64-4310 Hm, 1.9.22le . >210; 9172* gliiavIg ICA. PM. 5014000 REGISTERED OWNER gsme As no LEGAL OWNER '7 ALVW 7? STAV 0 .: RELEASED _3 RECOVERED- STORAGE AUTI-DHTYI REASON IX IMPOUNOEO TON NC I STORAGE CONCERN ADDRESS. PHON CV 17 REASON FOR STOP VN XYES :No 3 I '22 YES No JUNK Sc} gm . 1 YES NO ITEMS No? ITEMS 1 YES I No TIRES I mum REGISTRATION CAMPER . FRONT BURNED oer A31_(c) cv_c IGENERATOR VEssa AS LOAD 5 ?y BATTERY FIREARMS 7 LEFT REAR 5N9- STRP OTHER 2t . RIGHT REAR {at . . .nu? . A STRIP . i - . SPARE IIETAL STRIP RAOIO QC - INUB CAPS SURGICAL STRIP par 431m cvc: Ix IGNITION KEY i . ix? LSPECIAL WHEELS . L4 1 RELEASE VEHICLE TO: I RIO OR AGENT {3 AGENCY 5. 22350.3 RR: cu? I 3T (SIGNATURE) TIME . 1 -.-. WE 0? ?Gem" ?mm? ?1955 IDATE CERTIFICATION: I. THE UNOERSIGNEO. oo NEREOY THAT I AM LEGALLY AUTHORI2EO ENTITLED TO TAKE POSSESSION OFTHE ABOVE OESCRIEEO VEHICLE. .-- STOLEN VEHICLE CWPONENT EMBEZZLED VB-IICLE REPORT DATE ITINIE OF OCCURRENCE OATE ITIME mmeo NAME OF REPORTING PARTY (RIP) 3 DRIVER LICENSE NO. I STATE LAST VEHICLE OATE I TIME OF RIP TELEPHONEOFRIP I CERTIFY OR DECLARE umER OF PERIURY UNDER THE LAVIS OF ismME 0? Fem" ?mm REPORT THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE CORRECT. - REMARKS PROPERTY. TOOLS. OAMAGE. ARRESTSI NAME 55cm"? BY VALUE 8 ?1:ij i3_N_o_ 99:15 ggQ:_ SIGNATURE OF OFFICER TAKNG REPORT mama?T? SUPERVISOR ReouIREo NOTICES SENT To REGISTERED [3 YES NOTIFIEO ?f . :0 ?5,456,? 7: 3N0 r- An Internationally Accredited Agency 5W6 pa!