Loading...
HomeMy WebLinkAboutNegrete.M-Pitchess.M-7.31.189 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kara Stein-Conaway, #261368 Stein-Conaway Law Firm, P.C 1119 Palm Street San Luis Obispo, CA 93401 (805) 748-5243 (phone) (805) 409-4130 (fax) SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO SAN LUIS OBISPO BRANCH People of the State of California, Plaintiff, vs Matthew Negrete, )erenaant Case No 16ni-0977 3 Notice of Motion for Pre-trial Discovery (Pitchess and Brady) - Points & Authorities - Declaration of Kara Stein-Conaway - Exhibit A police report TO: THE HONORABLE JUDGES OF THE SUPERIOR COURT, THE DISTRICT ATTORNEY FOR THE COUNTY OF SAN LUIS OBISPO, CHIEF OF POLICE OF SAN LUIS OBISPO POLICE DEPARTMENT, AND ALL THEIR REPRESENTATIVES: PLEASE TAKE NOTICE that on 7/31/18 at 1:30PM in Department 6 of the above- entitled court located in the San Luis Obispo County Government Center, 1050 Monterey Street, San Luis Obispo, California, 93401, defendant by and through his attorney will move the court for an order granting discovery of San Luis Obispo Police Department's (hereinafter referred to as SLOPD) personnel records, however designated or described, as provided in California Evidence Code §§1043-1046, in regard to Officer Joseph Hurni (SLOPD # 48750) who is a person believed to be employed as a police officer for the SLOPD within the last five years. It is believed that the SLOPD is in possession of the records hereinafter listed, discovery of which is sought, in regard to the above-enumerated officer. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The records sought regarding Officer J. Hurni are as follows: 1. Any and all documents in the possession of the SLOPD, custodian of records, attorney or other employee thereof, including individual personnel files, which pertains to the said officer, which involve, allege, discuss, or reflect: A. Claims of violations of persons' Fourth Amendment Rights due to unlawful detentions, arrests, seizure and/or searches; B. Improperly threatening to arrest a witness or suspect to attempt to coerce a particular statement or action; C. Dishonesty in testifying, writing reports, or other acts of dishonesty, claiming that a defendant or witness made statem.ents that were not made, in the course of police duty or associated with testifying in court, where such behavior by persons contacted is alleged to have occurred while the officer was employed by the SLOPD, which records, documents or describes any complaint registered by any inmate, fellow officer or private person, including but not limited to claims by an atcorney, arising out of any claim of violation of a Fourth Amendment Right to be free from unlawful arrest, seizure and/or searches, aggressive conduct used against a member of the public, or dishonesty in writing reports, in the course of police duty or associated with testifying in court, by the named officer, on any person, either within their custody or incident to any arrests or other law enforcement contact made by the said officer; 2. The names, last known addresses, and last known telephone numsbers of ail persons submitting complaints, or making such claims as described in the paragraph preceding; 3. Any and all documents in the possession of the SLOPD, however they may be designated or described, pertaining to Officer J. Hurni, that record or describe 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 disciplinary action taken against said officer, or investigations of complaints made against said officer, together with any disciplinary action taken o contemplated against said officer, while he was involved in law enforcement activities with the SLOPD, arising because of his alleged treatment of any persons vihether within his custody or as a result of his contact with them in the course and scope of his duties, or occurring outside of his duties if investigated by the said police departments. Specifically sought are all records explaining and detailing the allegation that was "sustained" by the SLOPD's internal affairs investigation. This includes, but is not limited to, an explanation by the internal affairs investigating officer of why the allegation was sustained, the evidence relied upon in concluding that the allegation was sustained, and the discipline imposed as a result of the finding that the allegation was sustained. See exhibit "B", a letter dated 5/21/18 from SLOPD Chief of Police, Deanna Cantrell, explaining the information regarding the allegations brought and the finding of one sustained allegation. Furthermore, this includes, but is not limited to, an explanation by the internal affairs investigating officer of what allegations that have been brought against said officer have been found to have not been sustained, why the allegations were not sustained, the evidence relied upon in concluding that the allegations were not sustained. 4. Any and all criminal charges, if any, filed against the said officer, v Hurni, or requested to be filed against said officer, arising from a claim of dishonesty in reporting, testifying or other aspect of his official duties, known to the SLOPD, during the last five years. (The defendant is enticled to discover any discipline imposed upon the named officers as a result of the investigation of any citizen complaint. (City of San Jose v. Superior Court (Michael B.) (1993) 5 Cal.4th 47.) 5. Any and all documents maintained by any district attorney or law enforcement agency, related to said officer identified above, which is required to be released to the defense, pursuant to Brady v. Maryland (1963) 373 U.S. 83, in that it contains exculpatory evidence for which a sua sponte duty to disclose exists. This request requires production of documents beyond the 5 year period of record review set forth in Evidence Code Section 1045 (b) (1), and is without- time limitation, if otherwise required to be produced by Brady v. Maryland. 9 10 11 12 13 14 15 16 17 18 19 20 1 X 22 2 3 24 25 26 27 28 This motion will be based on this notice, the attached memorandum of points and authorities, the attached copy of the police report prepared in the instant proceeding, and identified as Exhibit "A" the declaration of Kara Stein-Conaway, and on such other evidence, argument, and authority as may be presented at the time of the hearing of the motion. Respectfully submitted. Date: 6/13/2018 Kara Stein-Conaway Attorney for Matthew Negrete 1 DECLARATION OF KARA STEIN-CONAWAY 2 I, Kara Stein-Conaway, am informed and believe the following: 3 4 (a) Officer J. Hurni (SLOPD #48750} Asserts 5 - "I turned right and followed the vehicle, pacing it at above 40MPH in 6 a residential area, where the speed limit is 25MPH - "During this time S/Negrete was never further than several feet from me and he never left my sight." 9 10 (b) Upon information and belief, the defense asserts the following: 11 - Officer Hurni never paced Mr. Negrete's vehicle going over 40 MPH. In 12 fact, theGPSon Officer Hurni's in-unit video never even reached 40 MPH 13 the entire time Officer Hurni was following Mr. Negrete, let alone 14 maintaining a speed above 40 MPH for sufficient time to achieve a pace 15 - Officer Hurni instructed Mr. Negrete to take a seat in the testing 16 room. Then, shortly after Officer Hurni made the statement "oh shoot' 17 and then he asked another officer to keep an eye on Mr. Negrete while he 18 went out to retrieve the driver's license which was inside the police 19 vehicle. The sound of the audio is indicative that Officer Hurni left 20 the room and went outside and into the police vehicle, located the driver's license and then returned to the testing room and told the other 22 officer "thank you" and then it was after that they continued in 23 performing the evidentiary alcohol test. Officer Hurni's statement 24 "During this time S/Negrete was never further than several feet from, me 25 and he never left my sight," is not true 26 - In addition to being stated on information and belief, which is all 27 that is required for the Pitchess motion to be granted, the above 28 1 statements of the defendant are corroborated by Officer Hurni's in-unit 2 video/audio 3 4 The materials being sought would be used by the defense to locate 5 witnesses to testify that the officer has a character trait, habit, 6 and custom of engaging in misconduct of the type alleged in this 7 case. These witnesses would also testify to specific instances of misconduct of the type alleged in this case. Furthermore, internal 9 investigations findings from SLOPD regarding allegations made against 10 Officer Hurni would also call into questions the validity of Office] 11 Hurni's stated observations and conclusions 12 13 A jury would be less likely to find the evidence of the crime 14 sufficient to support a conviction if other ^•^itnesses testified that 15 Officer Hurni had been dishonest in their interactions with him. The 16 materials being sought would impeach the officer's versions of the 17 events. (Warrick v. Superior Court (2005) 35 Gal. 4^'^' 1011, 1024) li 19 I declare the above statements to be true under penalty of perjury, 20 except as to those matters stated on information and belief. As to 21 those matters, I believe them to be true 22 23 24 25 26 Signed 6/13/2018 in San Luis Obispo, California. 27 Kar Stein-Conaway 28 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 POINTS AND AUTHORITIES I PITCHESS AND EVIDENCE CODE SECTION 1043-1046 BASICS In cases where police officer honesty is at issue, evidence of past misconduct, including past claims of dishonesty, is discoverable to the defense. {Pitchess • Superior Court, 11 Cal.3d 531; In re Valerie E., 50 C.A.3d 213; Hinojosa vs. Superior Court, 55 C.A.3d 692). Admissibility of the desired information is not a requirement of its discovery. (People vs. Riser, 47 Gal.2d 566). This is true even if the officer worked at another agency within the discoverable time period [Fletcher v. Superior Court (2002) 100 Cal.App.4th 386). A copy of the police report is attached to this motion pursuant to Penal Code Section 1046. Penal Code Section 1043 requires that notice to the governmental agency be given pursuant to Code of Civil Procedure Section 1005(b). That section requires 16 court days. The information required to be included in the motion, all of which is specified herein, is set out in Penal Code Section 1043(b). It is not necessary that the defendant be aware of the existence of prior incidents of misconduct in order to obtain discovery. The burden of showing good cause is met by specifying the type of information sought. [In re Valerie E., 50 C.A.3d 213; Hill vs. Superior Court, 10 Cal.3d 812; Cash vs. Super1or Court, 53 Cal.2d 72; Caldwell vs. Municipal Court, 58 C..A.3d 377) . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 II STANDARD FOR DISCOVERY The standard governing discovery of personnel records is not whether the information discovered is ultimately admissible at trial, but whether the records are material to the subject matter in the pending litigation. (Larry E. V. Superior Court (1987) 194 Cal. App.3d 25, 31-32; Dell M. v. Superior Court (1977) 70 Cal.App. 3d 782, 787-788; Pierre C. v. Superior Court (1984) 159 Cal.App.3d 1120,1122-1123.) The trial court must grant an in camera hearing to review police officer personnel files for prior allegations of m.isconduct if the defendant demonstrares that "the scenario of alleged officer misconduct could or might have occurred." (Garcia v. Superior Court (2007) 42 Cal.4th 63, 71, quoting Warrick v. Superior Court (2005) 35 Cal.4th 1011, at 1016.) The defendant may- make this demonstration through an attorney declaration_. The declaration does not need to provide a motive for officer misconduct, nor does the scenario need to be corroborated or even necessarily credible or believable. The court does not assess or weigh the persuasive value of the evidence. (People v. Gaines (2009) 46 Cal.4th 172, 182.) In fact, the court does not decide issues of credibility when determining good cause for disclosure of prior police misconduct. (Warrick, supra.) Additionally, the California Supreme Court has held that the declaration may consist of "a denial of the facts asserted in the police report" or may consist of an "alternative version of what might have occurred." (Garcia, supra 42 Cal.4th at 72.)(emphasis added) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III BRADY V. MARYLAND SUPERSEDES THE 5 YEAR TIME LIMITATION CONTAINED IN EVIDENCE CODE SECTION 1045(b)(1) Discovery must be made for any other material which is exculpatory or impeaching within the meaning of Brady v. Maryland (1963) 373 U.S. 83, without regard to the 5-year limitation contained in Evidence Code Section 1045(b)(1). "Evidence is favorable and must be disclosed if it will either help the defendant or hurt the prosecution." {People v. Coddinqcon (2000) 23 Cal.4th 529, 589, overruled on other grounds in Price v. Superior Court (2001) 25 Gal.4th 1046, 1069, fn. 13.) Trial courts are specifically empowered to examine police personnel files for Brady material which is discoverable without regard to the five-year limitation applicable to Pitchess discovery. (City of Los Angeles v. Superior Court (Brandon) (2001) 29 Gal.4th 1, Abatti v. Superior Court (2003) 112 Gal.App.4th 39, 52-56.) CONCLUSION Mr. Negrete has demonstrated a plausible scenario through counsel's declaration and therefore has established good cause for the disclosure of any evidence of requested items identified in this motion as to Officer J. .Hurni from the SLOPD. The court should grant the motion and hold an in camera hearing to review all records, however designated or described, and release to the defense any evidence of enumerated prior police misconduct. Respectfully submitted. Dated: 6/13/2013 Stein-Gona^vay Attldrney for Matthew Negrete Exhibit A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAN DOW DISTRICT ATTORNEY STATE BAR # 237986 COUNTY OF SAN LUIS OBISPO COURTHOUSE ANNEX. 4TH FLOOR SAN LUIS OBISPO. CA 93408 TELEPHONE; (805) 781-5800 □ □ Court copy DA copy Probation copy Defendant copy Restitution Sub Fei/lss Misd g«n; &!iiy IP 2 8 SAM syfSPO SliPERlOR y.:>rv DcpJstv'C SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN LUIS OBISPO DEPARTMENT 10 THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, vs. MATTHEW CARDOZA NEGRETE DOB: 04/18/1982 ID NO. D000234261 Defendant. COURT CASE NO. j U/Y\^iyil'^3 COMPLAINT DA CASE NO. 079-600066 Appearance Date: 10/18/2016 The District Attorney of San Luis Obispo County, California, hereby accuses the above named defendant of the following criminal offenses: Count 1 On or about August 18, 2016, in the County of San Luis Obispo, State of California, the crime of Driving Under The Influence Of Alcohol in violation of VC23152(a), a Misdemeanor, was committed in that MATTHEW CARDOZA NEGRETE did unlavyrfully, while under the influence of an alcoholic beverage, drive a vehicle. Enhancement VC23578: Spec Alleg-Excess Blood Alcohol PAGE -1 - COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is further alleged as to count 1 that the defendant's concentration of blood alcohol was 0.15 percent by weight and more, within the meaning of Vehicle Code section 23578. Count 2 On or about August 18, 2016, in the County of San Luis Obispo, State of California, the crime of Driving While Having A 0.08% Or Higher Blood Alcohol in violation of VC23152(b), a Misdemeanor, was committed in that MATTHEW CARDOZA NEGRETE did unlawfully, while having 0.08 percent and more, by weight, of alcohol in the blood, drive a vehicle. Enhancement VC23578: Spec Alleg-Excess Blood Alcohol It is further alleged as to count 2 that the defendant's concentration of blood alcohol was 0.15 percent by weight and more, within the meaning of Vehicle Code section 23578. PAGE - 2 - COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All of which is contrary to the statute in such cases made and provided, and against the peace and dignity of the People of the State of California. I declare that an investigation has been conducted to determine if said Defendant(s) did commit the stated crime, which reports are attached hereto and incorporated herein by reference, and that the facts therein show probable cause that the said Defendant(s) did commit the crime. Your declarant requests the issuance of a Warrant of Arrest if said Defendant(s) do not appear voluntarily in response to an appearance letter. Discovery Request: Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the people as required by Penal Code Section 1054.3. On this day September 28, 2016, in the County of San Luis Obispo, I certify and declare under penalty of perjury that the foregoing is true and correct. Dated: September 28, 2016 DAN DOW DISTRICT ATTORNEY By: MJA LYNNE THIESMEYER DEPUTY DISTRICT ATTORNEY Upon review of the reports attached and incorporated herein by reference, I find sufficient probable cause to warrant the defendant(s) continued detention. Dated: Judge of the Superior Court PAGE - 3 COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUMMARY PAGE Cnt Charge Range Defenclant(s)Special Allegation Effect 1 VC23152(a) 12775 6 Mo. +$1,000 Matthew Cardoza Negrete 2 VC23152(b) 12775 6 Mo. +$1,000 Matthew Cardoza Negrete PAGE -4 - COMPLAINT San Luis Obispo Police Department Police Report Page: i Case Number: 160818087 Case Type: DUI Address: JEFFREY & DONNA; GRID H-05 DDI Alcohol or Drugs City: San Luis Obispo State: CA zip- 93^01 Police Neighborhoo When Reported: 22:36:40 08/18/16 Occurred: Between 22:36:40 08/18/16 and 22-36-40 oft/TR/i- Responsible Officer: Hurni, J ^2.36.40 O8/I8/I0 MO: MISDEMEANOR 23152(A) (DUI Alcohol/Dr-nrfQ >" ARRANTS Warrant - Bnch (Warrant - Bench Misdemeanor ) Case File Names Detail ARRESTEE NAME: NEGRETE, MATTHEW CARDOZA .r Race: W Sex- ivi nnn • ha/i a/on tr • ur. Name Number: 812 60Address : 2So"cERRO r6mAULD0, San hSis Obispo? "cA^lafor 0?SeVleSpSSSa(if?''"'-^"' «°rk Telephone: ( , - ARREST Date: 22:51:00 08/18/16 Type: Booked into County Jail Disp: Misd Arrest or Cite Release Judicial Age Status: A Agency: San Luis Obispo Police Depart Arresting Officer.- Hurni, j Location: JEFFREY & DONNA OFFENSE: DUI Alcohol or Drugs Statute: DUI Alcohol Class: Misdemeanor Location: JEFFREY & DONNA OFFENSE: DUI Alcohol or Drugs Statute: DDI BAC .08% or More Class: Misdemeanor Location: JEFFREY & DONNA OFFENSE: Warrant Bench Misdemeanor Statute: Bench Warrant Misdemeanor Class: Misdemeanor Location: JEFFREY & DONNA Time/Date: 22.-51:00 08/18/16 Type: State Statute Court: Law: California State Statute Time/Date: 22:51:00 O8/I8/I6 Type: State Statute Court: Law: California State Statute Time/Date :COPY51:00 08/18/16 TyF^TSXfeBB Of £lp^5Qe(s) gtatute andfeH AU5 13 2016 me permigsJon of the SAN immmo poms OEPARmENr records B««gAU and is to be retun^ to that department upon demand. .iiS' San Luis Obispo Police Department Police Report Page: ; Case Number: 160818087 NARRATIVE: J.S. Hurni #48750 ASSISTING OFFICERS: Officer OROZCO 672SS and Officer ETHERTON 33665 were present durina the cSuSty''jail°" Officer BENEDETTI 15913 transported S/NEGRETE to VIDEO EVIDENCE: The camera f^om patrol vehicle 1537 was used to video the FSTs. The video would returned^to^fhP ^he SLOPD evidence database when the vehiclereturned to the police station upon completing this investigation. PRELIMINARY INVESTIGATION; Saveiin^^s;,.?^ 2229 hours, I was in a marked patrol vehiclesouth on Tassajara approaching Cerro Romauldo. I observed a black Ford ^^ intersection headed west on Cerro Romauldo Theexhaust system sodded amplified. The vehicle's speed alsrappearld pacino i? a^abLe quickly. I turned right and followed the vehicle, MPH Thts a residential area, where the speed limit is 25 and'are ou^w^lktL P?<^®®trian traffic as many students live in the areaand are out walking at this time of night. The area poorly lit, with frecaient Srvehicle^s^n^^d^' intersections. The totality of these conditionrmadethe vehicle s speed unsafe, a violation of VC 22350. As I attempted to pace the Taf I^iould ® license plate, a violation of VC 5200^^^jnld noc see any insignias or signage on the vehicle indicatina whv itdid not have a rear license plate. The vehicle made a right turn oSto Jeffrey Without slowing very much. ueirrey I performed a traffic stop at Jeffrey and Donna. I contacted the driver at the window. The driver identified himself as S/NEGRETE with hisvalid CA driver's license. S/NEGRETE fumbled his wallet and paperwork while wISrv eveS'^Jnrf"? his documents. While talking with S/NEGRETE, I observed he hadwatery eyes and I could smell a strong odor of an alcoholic beverage emittingfrom his breath. I asked S/NEGRETE if he had anything to drink this evening and m^ irthe%r5l of tSfrLd"""" ' —.C ^ -1 ^I observed additional objective symptoms of alcohol intoxication that section two of the DDI investigation form. I asked S/NEGRETE theprobable cause field interview questions I documented in section one I then threS^^Ref^r exercises I documented in sectionJ investigation form for details. Following the field and'^hfLnf S/NEGRETE the preliminary alcohol screK admonitior 166% ^o^®®"ted to the test. The PAS test showed S/NEGRETE to have a BAG of pe^formanL^on^-hf'^fifiH^ objective symptoms of intoxication, and hisShfif ^ sobriety exercises, I concluded he had been driving 23152 (b)^ VC alcohol. I placed S/NEGRETE under arrest for Ssn Luis Ot)ispo Police Department Police Report Page: Case Number: 160818087 There were no passengers in the vehicle. The vehicle i t scene per S/NEGRETE's request. -ocked and lert on I asked S/NEGRETE if he wanted to perform a breath nr* ^ -j j him the Trombetta Admonishment. S/NEGRETE requested a breath te-^t andtransported to the San Luis Obispo Police StaS^f Stere'tL^tesrwarperLSId. fUled out'^boSklno^S^I® approximately six feet from me while Iriiied out booking paperwork and conducted the observation rinr-Tnrr c time S/NEGRETE was never further than several feet away from me and he never observing S/NEGRETE I did not see or hear anythinq that compromised the test. After observing S/KEGRETE for over 15 minutes of S/NEGRETE trhave rSAc ' Li^e^'f^license^®'^^ ^ his Officer BENEDETTI transported S/NEGRETE to county jail. EVIDENCE: 153108- Unit 1537 In-Car video of violation. Field Sobriety Tests and Trancjnn-rh to the San Luis Obispo Police Department for Breath testing ' 153109- Print out of breath test results DISPOSITION: Cleared by arrest SUPERVISOR :/^^7^' (1aS^>V^O^TH San Luis Obispo Police Department Police Report Case Number: 160818087 Page: EVIDENCE INFORMATION: ID Number; 153109 Type: EVI Item: DOCUMENTS/MEDIA Brand: DRAGER Model: Serial #: ARFF0029 Local id Type Number Color Description BREATH TEST RESULTS ID Number: 153108 Type; EVI Item: Digital Brand: IN DAR VIDEO Model: Serial #: UNIT 1537 Local id Type Number VIOLATION, FST'S AND TRANSPORT VEHICLE INFORMATION: Color Description Owner # Last First Middle BREATH TEST Owner # Last First Middle IN CAR VIDEO VIN®^ 1ZVBP^F3DS2674L Vehicle Nu^er: 119569 License Plate: E939D0V n 12yBP8CF3D5267464 State: CA Expires : **/**/** Too "^SraTristT!"^" ° San Luis Oblspo County Sheriffs Office Booking i^.-A0066899l ID #;408229 NEGRETE, MATTHEW CARDOZA DOB: 4/18/1982 Aze: 34 P/acc' o/Binh: SAN Lb'TS OBISPO CA Language: Sex: M Race: \V Heighi: 600 Weigh!: 185 Eyes: BRO Hair: BLK Booking Daie/Time: 08/19/2016 00;I3 Inmule Slams: PEND Release Date/Time: Correaional Tech: HERNANDEZ. JT - SLSO1392 Housing Localion: IRC015 Di k: B8724382 DL St MjV/D U: 0000234261 SSH: Stale H: A22682799 HB! It: 568476RB3 Other [Dtt: Other ID Type: } Warrant Check: Iticotniiig: / Inital/Bixiy^ Date / Inital/Rodv" Date Outgoing: ALIAS INFORMATION NEGRETE JR., MATTFrEW BOOKING COMMENTS AUTHORIZATION FOR RELEASE 'Correctional Sergcani/Body # * Released By: Re! Dispo Datc/Time:Turned Over To: □ Notification GSeif □ Registered Drug □ Registered Sex OtTender gjDNA Collected 0 Bookine Complete Surrender OiTendcr CHARGES Charge Number: \ 23152(A) VC MISDEMEANOR - DRIVING WITH A BAG OF Degree- Type- M -08% OR MORE, Other Statute: Arrest Date: 08/18/2016 22:51 Arrest Agency: iil.PD AgericyCase tt:\60Sl80S7 Arrest Location: SAN LUIS OBISPO Arresting Officer: SLPD48750 HURNl, J Warrant Type: Level: Warrant ft: Bond Type: Couri Case it: Cowl: Custody Status: Cash Amf SO.OO BondAmt: 55,000,00 Disposition: Charge Number: 2 23152(B) VC MISDEMEANOR - DRIVING WITH A BAG OF Degree - Type • M .08% OR MORE. Other Statute: Arrest Date: 08/18/2016 22:51 Arrest Agency: SLPD Agency Case ltj\60S]S087 Arrest Location: SAN LUIS OBISPO Arresting Officer: SL?D4875() HURNl. J Warrant Type: Level: Warrant U: Bond Type: Court Case U: Court: Custody Status: Cash Ami: SO.OO BondAmt: SO.OO Disposition: 08/19/2016 01:38 /JCMS/External Reports/Booking Reports/BookingRepod Page 1 of 2 Booking Report for NEGRETE, MATTHEW Booking H A00668991 ID U 408229 08/19/2016 01:39 Degree: Type: Agency Case U: 160818087 Charge Number:3 1203.2 PC VIOLATION OF PROBATION/TERMS OF PROBATION Other Statute: PC242, PC594(B)( 1) Arrest Date: 08/18/2016 22:51 Arrest Agency: SLPD Arrest Location: SAN LUIS OBISPO Arresting Officer: SLPD48750 HURNI, J Warrant Type: BW L^ve/.MISDEMEANOR Warrant U: M476042 Bond Type: Court Case U: M476042 Court: Custody Status: Cash Amt: $0.00 Bond Amt: 515,000.00 Disposition: HOU)S booking SENTENCE , - PERSONAL INFORMATION Address Current Address: 260 CERRO ROMAULDO Glasses: N Marital Status: SINGLE SAN LUIS OBISPO CA 93405 Build: MED Citizenship: US Phone: (805) 459-6853 Skin: FAR Gang: Home Address:Hair Styde: FCL ARM: CA Hair Length: S Home Phone:Facial Hair: NOF Teeth: NAT Employer: CARE CRAFT OccH/Pff//o;7;SERVICE MAN Address:, SAN LUIS OBISPO, CA VEHICLE Vehicle Towed By: Address: Comments:LOCKED AND LEFT AT SCENE PER R/0 NEXXpF-iaN MOTHER /Vame." NEGRETE, SHARON Address: How Long: 2Y Emp Phone: Phone: Part Time: Q Student: {~] Keys InVehicle: Q Hold On Vehicle: Q Phone: Work Phone: 805 4596853 08/19/2016 01:38 /JCMS/External Reports/Booking Reports/BookingReport Page 2 of 2 Complete this section if not a United States citizen Foreign NationaJ rights advisement: Y / N Consulate notification mandatorj'? Y / N Consulate notified? Y / N Date: Time: Arresting Officer initials/body #: _ CHILD AND DEPENDENT ADULT SAFETY - PCl3517.7(b)(l) Arrestee has unresolved child/dependent adult issues requiring additional phone calls as is reasonably necessary, PC851.5 (c) or N/A Child/dependent adult issues resolved by arrestee. Correctional Sergeant Date Time: CHILD/ DEPENDENT ADULT ISSUES NOT RESOLVED. SHERIFF'S WATCH COMMANDER NOTIFIED, W/C notiiied by Correctional Sergeant Date Time Vehicle Towed by/ or Location: Aa3Q LKpT' Keys in Vehicle: Y / N Address: /^O Phone#: / ) NunTber Street City Sf Zip NOT RELEASED PER PC 853.6 BECAUSE: (CHECK ALL THAT APPLY) □ The person arrested was so intoxicated that they could have been a danger to themselves or to others.□ The person arrested required medical examination or medical care or was otherwise unable to care for their own safety. □ The person was arrested for one or more of the offenses listed in Sections 40302 and 40303 of the Vehicle Code. O There were one or more outstanding arrest warrants for the person. □ The person could not provide satisfactory evidence of personal identification. □ The prosecution of the offense or offenses for which the person was anested, or tlie prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.□ There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested. □ The person arrested demanded to be taken before a magistrate or refused to sign a notice to appear. □ There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated: Pursuant to PC 853.6(i), if the arrestee is not released prior to being booked^ determination to citation release wfll be at the jail's discretion. =PROBABLE CAUSE STATEMENT= Facts establishing elements and identification of arrestee:Ho /^f( A \k T ^ Hc^ U/O^AraLii V:::>//\ys?^Jr U/O^Ar&LiiV:::> ( ) See attached reports, incorporated herein: A . j kAr . ' DO ( I declare under penalty^ peiji^ that the foregoing is true and correct to the best of my knowledge and belief.Executed on (date) I lO at San Luis Obispo, California By: (signature)^"'"^\y^^^ Agency_ ^ lb PD _ Employee# On the basis of ( ) rti/officer's declaration ( ) reports reviewed. I hereby determine that there ( ) is ( ) is not,probable ca^eTodDelieve this arrestee has committed a crime, violated probation, or for whom a warrant was issued. Date: Time: Judicial Officer: Signature of Judicial Officer By: (CD) Title Employee # Arresting Agency Notification (Disapproval) Date: Time: Supervisornotified S0FRMI4(Rev. 12/17/15) SAN LUIS OBISPO POLICE DEPARTMENT , I DUl INVESTIGATION OPFiCbR: jqC^J^o CASE NUMBER:7- Where are you coming from?.^iJg^j^ Where are you going? Uoo^is. M (9Mr Where were you drinking? What have you oeen orinKingv^Beer (JWine UWell Drink How much did you drink? / .. Ta-// When did you start?stop? '^jG0-^/5o What time is it now? Actual time? 270C? 2^vr Date Day of Week Open container? □ y (En How much sleep {last 24 hrs)? Are you sick? □ Y 0N When did you last eat? What did you sat? ? Are you injured? □ Y 0 N Do you have any physica? defects? □ Y N Do you wear □ glasses? (Z! Contacts? Now? □ Y j^-N "^AJCKJichi ^ A^Uc. Explain injury or illness Have you taken medication today? □ Y □ N What time What? hOcs <rg'.fZA'oTi{ T'iU^iAjAL "Zoco Do you feel the effects of the alcohol? □ Y Passengers? □ F Shoes worn? j^Y □ N Type; Vehicle disposition?jgLocked ^Leff □stored □14602.6(a) VC TO] Do you think you should be driving? (0 Y □ N Did you work today? Where did you work? What kind of work did you do? 'sl.Nystagmus given?IZ^Y Dm Positive nystagmus?^Y Dn Degree of nystagmus TP SECTION IIOBJECTIVE SYMPTOMS lE-Y □ N [gAlcohol □ Marijuana IS-Strong (J Moderate □ Mild Other: Odor of intoxicants EyesgGlassy [JUnfoGused □Bloodshot □Red jgWatery □ Clear □ Nothing apparent □ Other: Speech□Slurred LXoud □Soft lEJMumbled □Crying {^Repetitive □Talkative U Insulting □ Nothing apparent □ Other: Coordination Appearance Follows directions jJUncoordinated |£)u'nsteady UUsed support LjFell BFumbled ID nsiow □Other: □Other^'^^ li^Normal □Hair Mussed □Disheveled QNeat □Wet Clothing Y □n 0Good □Fair QPoor □Starts Early □Doesn't complete ainterrupts Old not follow test Instructions □Other:0□ Page 1 of 2 OfflCER: DUI INVESTIGATION /, ;CA; NUMBER; SECTiOWHI Test Location Weather Lighting Balance Test ^1 DaQs One Leg Stand Test Ql ^2 Qs PIEI.D 0OORD[NATiDM TEST IS^'y DVVet UConcrete l^sphalt □ Dirt □OtherLocation of test: ^^Ctear □ Cold □ Rain □ Drizzle □ Windy □ Icy ^ iis'ss "sS u Heel/ Toe Walk TestQl 02 Other Test ^ends armJ^C^Doys^n^tookit'foo^^□ Does n^attempt test Q Otoer: — ut.lQUgPu Stops before end of test □ 0aJ &-r □Satisfactoryy□toe0A:siijs;diT Feet not pointeJWraiS^ Doesn't take correrf number o/stenr' ° te st □ Other ©g/ C. } (Q■ ^ ^ Describe: Type of Chemical Test? Chegntcsl Tost fRfooBatlbh r Admonition PAS Information □Blood iaereath URefused Chemical T^^t—see att^f-hsn n»/n/ ^ '^TTest Location- ^ , -x k =«" see attached DMV admonishment.'^Lo fOTestTime:2'5|t.and Sample Recovered by; //uiZ^ Result ,.tlcS% Ms^ked as evidence jSResult attached to re port Additional Information: PRELIIWrWARY ALCOHOL SCREENIftTG tfaFORKflATinf^jr am requesting that you take a preliminary alcohol screenlnn r, h-k sn"'r.ssxs'„" sjssi PAS serial Number: Temp.^" ras time2Z<n Test No.; Zemed Qn Breath QLow 0A/lod. Qstrong PAS R esult: da<.Officer Administrating Test: //.,« Additional Information:Officer ID: Page 2 of 2 MMirtMJvroriacrM >tMaa' A Public Setvica Agency COMPLETE IN BLACK INK A(ifc: Zl AND ULUtH OPPIC£R'S STATEiViSNT SECTiON' 3353,13353.1,13353.2 & 13389 CALIFORNIA VEHICLE C (CVC) lAWENFORCEMENT AGENCY CASE NOT / 19. p^9>^! li.^ w /i I, an LP 1-I mmgsrnimmmr) -— — ^ fDRivEBucB.se CM0(?A\ ^ i ^ ^ STATE MAILING ADD ZLf ^ DETENTION/ARREST DATE S-/9;-/L FOR DMV USE ONLY PORWABD THIS FORM WITHIN 5BUSINESS DAYS TO YOUR LOCAL DRIVER SAFETY OFFICE. LISTED ON THE BACK OF PAGE 2 COMMERCIAL?STATETHUMB PRINT DVes ^Nor/f{Right thumb or specify) ^ /T y ziPCODE ^ _ Ham Eyes: ^iverLicense; LJSuspended/Revoked SurrenderfidfAttar'hpri\ nM„*:-.i-. i—i.. ..^iver License: Li Suspended/RevokedSurren^red (Attached) i 0.01% or more BAC OUI Probation 0.04% or more BAC/COMM VEH J.D8% or more BAC Chemicaijests BB.smte Vehicle Lie. No. or VIM 7 ^ VJ —j Not in Possession 1 ' Unlicensed U PAS or other Chemical Test Refusal - (DOI Probation) (Complete reverse) LJ Chemical Test Refusal (Complete reverse) !—I Forced Blood Test (ComnlBta reimirRBj^ □commercial VEHICLE; Vehicle operaUon requires a commercial driver license (Section 15210 CVC) (iransportinamateriais requiring placards/markings ner Section 27303 CVC) ra?- m k if t SA»0/..ItScJ&tp . ca, the above named driver was-aoriving: ^.observed by this officer or □^the observer shown in fhe shaded area on the second page, □ admitted to drivino.U Contacted per Section 40300.5 CVC. (Describe details in probable cause section on second page.)□ Involved in a collision. Attach collision report. In the probable cause section on the second page, describe how time of collision was established I l^ad reasonable cause to believe the driver was driving a motor vehicle with alcohol and/or drugs present in the blood or while under the influence The driver was^lav^^lly arrested, or lawruily detaine^^djiie on DUI^bation, by this officer, or by the person shown in the shaded area on the second page on , (Month/Oay/Year)■or violation of Section 23152 or 23153,23154 CVC. PROBABLE CAUSE. Describe in detail ttie facts and circumstances that led to the stop or contact If drivino wrr oh^Pr^/Pbr^ hw man ma arresting officer, what did the observer say? State details on second page of Ws forrfhe^TSrp^W^^^VI uiio II./IIII iicteuy 11 luui[joraiea oy rererence. □ unsteady pit Qsinrred at 2^. preliminary alcohol screening test 0.01% OR MORE BLOOD ALCOHOL CONCENTRATION (BAC) DUI PROBAT'ON Dover submitted to and cor^leted a Preliminary Alcohol Screening (PAS) test with the results of- PROBAT.ON It/Lfe BAC on atZg^AM/^_% BAC on TEST1./fa4% BAC on jp at 22^ AM/g^ TEST 2 (Optional) State ofCajifornla t&^^ .at OFFICER'S CERTIFICATION: I certify under penalty of perjury under the lawsj in the regular course of my duties, (2) I used PAS Model (Name/Number)Manufactured by . y/UCL (3) I administered this PAS test "properly irTaccordance with the manufactui^oui^^instructions, (4) I have received proper operation of this device and administration of the PAS test and am competent and iailfied to operate the deyice,_^and (5) the device wa^tpn^ng properly at the time of the test. Q PAS Test UnavSlable AM/PM [he above PAS test results. SeTlai# . U PAS Test Unavailable CHEMICAL TEST the results, if avaiiable) BADGeiDNO.^^g?50 AQCvyOiv. Breath Test Results (Attac^v/^y ui icounc, n avaueu^TEST BAC on TEST 2 ^/o BAC on^"/S'/^A2l/<AM^i) TEST 3 % BAC laDCATU TCCT (WHENAPPUCABLEl on.AM/PM equipnient andjthat the test was a^fe^^ed pursuant to the requirements of Trtie 17 of the California Code of ^uSs Badge/ID No. Agcv./Div. equipmeni ana inai tne test w< Date C' Signature Bloodiest Results, AM/PM CD Breath Test Unavailable }' Urine Test Results D Both Breath and Blood tests unavailable. □ Drun use suspected. □ UrinR C required. U Urine Test Rrst Void on, AM/PM Test on, AM/PM ii Jiamiifi 'wjn EXECUTED on: Dare AT U'> Countv L) r3 Srere LA-1/BAOGECDy ,IPLaJI Lui<i OR,<^n Pi\I C^ld Ddid not personally serve a copy of the ISSUE DATE OFORF™ ^ ^ NO. AREA <ki'<roTELBPHi (TO 5)351 m. ccuHi far of"Si^pension/Revocat}on to the driver, \RRESTWG pPFICER pegsoriWseni^ed a codv oTth/order to the driver on the date shown l IB OS 367 (REV. 10/2012) ADQE/ID NO.SIGNATURE OF OFFICER 3C White—DMV Yetlow-^aw Enforcement Pink—Drivercontinued on reverse A Pubi/c ServiCQ Agency COMPLETE IN BLACK INK LAW ENFORCEMENT AG6NCY CASETJO" DRIVER'S t^ma '(LASTFIRSr.M.!.J MAILING ADDRESS ^ ^ ^ ^— Ui-f-JiJtH iS bJA! hSVitNT - PAGE 2 sfcCilON*^ 13353,13353.1, 13353.2 AND ISSP-^ CVC ] DETHi'^ION/ARRESfOATS jrOR DMV USE ONLy" DRIVER LICENSE NO.I COMMERCIAL? ISTArE [□Yes Sno j THUMB PRINTI (Right thumb or spscify) DOB: Sex: /•< Hair: Eyes: . Ht.: -r , Wt.: Driver License: □ Suspended/Revoked 3, Surrendered (Attached) H Not in PossesTk^ ' ni inii.onolH|_| 0.01% or more BACDUl Probation PPAS or otber Chemicai Test Refusal - (DUf Probation) ^j^_0.04% or more BAC/COMM VEH LJCbemical Test RefusalLl3- 0.08% or more BAC Chemical Tests Results CjForced Blood TestCor^plete shaded area only if driving/coiiisioa obTer/ed by seineone arresting officer or arr^done luOive/ LjCft^ atrested -.van , ■' ^ PRIKT1 ; 1- V ■ri2:Sf^ONe AxT , cPFfc^s aADGatD no:"'optacsH-s AGcNcy' Lacoress I TJ?.,£pUONg NO ' OFPlCSRliBAbOE'fcNO."o^Ce=*S AGSNCv" PROBABLE CAUSE (DSSCRBE !N DETAIL THE PACTS AND CmCUMSTANOSS THAT LED TOTHE^i^^^-ON^', HE NARRATIVE MuST 3EAN ORIGINAL. PRINT OR WRITE DIRECTLY ONTHIS PAGE. lA SYNOPSIS OPJHE rjroopr VA'-' R- -o-dsu-PASjeD 3EL0WA.ND MUST 3E D^ED AND OONTAiN AN ORIGINAL SIGNATURE.; 'FOR DUI ='^054t;5wHOWJ^U DETERMINED THE DRIVER WAS ON DUI PROBATION. ' ' '^D.-CAic =.=^Otl'J- £./viBH'UC TOJ^JSJJ^Ay^ Ho /<f'A .AJ A Aajo /AT Thi.t. TfljS diolAr^-J^ \ic . TA-Or^o Pr Mo9<'fiXiCi f^cKrlMj^T; ^£::>—tK£— gM- rrz^ g,q ^ i/rU[b.L..e. —njj^ fitAjp Co/\rrAc.T^h 47- ^... LViaJ^Olu \ArT^ -TO TT^JT OS :tG7 (REV. 1Q.'2012)White—OiVh/ Yeitow—Law Enforcamsnt .^'ink—Dnve.'- JXBDiVJSJrWfJBBa oavtnaavumtmais A PubUs Setvice Agency COMPLETE IN BLACK INK tm ENFORCEMENT AGENCr CASE NO. //' ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE DETENTION/ARREST DATE ZkL.A -i-:: f n . i.... FOR Dm USE ONLY i^r o DRIVER MUST BE GIVEN A COPY OF THIS ORDER WHEN COMPLETED BY THE OFFICER DMV Telephone Number (916) 657-0214 DRIVERS DRIVER LICENSE NO.I COMMERCIAL? Id Yes Pno !STATE ZIP CODE z: A / _■ J'~v : Ht.:Wt.;' '<O -A DOB: Sex: Hair:BDnver License: D Suspended/Revolfficl Qtsurrendered (Attached) Q Not in Possession niinii«.n==rf«.01%ora.o«t BAC DUlPr,l.atlon ' □ PAS or other Chemica. Te^Reta^ UUni,censed0.04 /o or more BAC/COMM VEH LJ Chemica! Test RefusalL^.08% or more BAG Ghenu'cai Tests Results □ Eorced Blond Test Il^reby notified that your privitege to operate a motor vehicle will be suspended or revoked effective 30 daus fromp.s order as shown below, and until you pay a $125 teissoe tee and file pro'of of 3 THUMB PRINT (Right thumb or specify) TEMPbRARY DRIVER LICENSETh|s document must be carried with you and shall serve as your temporary California driver license It is subiprt to thp cramp rrrtaco/po\ Jvou ^ 'icense. This temporary driver license does not provide you with any driving pnviJeLs This acUon Is taken under authority of Section 13353.13353.1,13353.2 and 13389 of the Caiifornia VehiriP rnria 'r'v^Vhl'r!ir.L''r«.or detained fo r driving under the influence of alcohol and/or drugs and: California Vehicle Code ,CVv.) because you were arrested BAC 0.01%;PASvBpatfi, Blood or Uriiie Test But Probation You completed a PAS, breath, blood, or urine test and the officer believes the results will show 0.01% 3AC or more. If the Hn less than 0.01%, this suspension will be set aside. Your driveriicense will be reissuedto you if you do nothave anotfier suspension or revocation in effect BAC 0.08% Breath,Jlood, or tJrineTest uriii SJfSof S co"ipleted a blood or urine test and the officer believes the resultsm show O.Oyo BAG or more If the laboratory results show thatyour BAC is less than 0.08%, this suspension or revocationwill be set aside. Your dnver license will be reissued to you if you do not have another suspension or revocation in effect BAC 0.04 % Breath, Blood or Urine Test while driving a Commereiai Vehicle IntSTrffo? completed a blood or urine test and the officer believes the resultswj show 0.04/o bag or more If the laboratory results show that your BAC is less than 0.04%, this suspension or revocationWill be set aside. Your driver license will be reissued to you If you do not have another suspension or revocation in effect Chemical Test Refusal You refused to submit to, or failed to complete, a cbemicai test of the alcohol and/or drug content of your blood. A commetciat disqualification action will be taken due to any of the following; if vou refused a chemirat tecf ?f v,r», how « n nno/ owhile operating a commercial motor vehicle as defined in Section 15210 VC or while transporting hazardous materials or iSd f cornmSSSdriver license and were driving any vehicle when you had a 0.08% BAG or more. ' mmercial HEARING INFORMATION MOT RECEIPT OF THIS NOTICE TO REQUEST A HEARING TO SHOW THAT THE SUSPENSION OR REVOCATinw iq the heanng you may present oral testimony and/or other evidence. Testimony is taken under oath or affirmarion ^ Ss or LT tSpny. fo nelS"yoi request prior to the hearing. You are resoonsibfo fo r service Sf un„r offcs'' "PO" OFFICER'S PRINTED NAME . ; ^L/J-lAJf BADGE/ID NO. , S" -r TEt^HONENO._ .. Liu-:. Pi )AREA . 'A/ V'. J i ; '' ■) COURT CODE (IF t^KNOWN.'COURT NAME) personally serve a' 6opv of the OfWer of Susoension/Revocation to ■; IC /"VDncro ckr-rSfi-i-x . SIGNAIUHtUl7AHHESriNG<^FFICER_ "3; — ISSUE DATE OFFICER'S PRINTED NAME BAOGE/ID NO. OS 367 (REV. I0/2Dt2> SIGNATURE OF OFFICER X White—DMV Yellow—Law Enforcement Pink—Driver continued on reverse ''y"1 M': DRiVgRLlC^SE. icASS'-GW-l-: eNO'HQNEwp a4A1S/20ai •-• GNC uN MEGRETE =N MATTHEW CARDOZA^- 260.CERRO ROMAULOO SN LUIS OBISP, CA' 93405 .0pBq4/18/19S2 a^'tr' npne - ;-. sex « HA.frS^^"eYEs e8?n . ; - HST: ff•-00'-^-WGT--3fe"l6 DD 04'tBi2&is54r(je/ccro»25 ;VJ--'G4;f§f2016. ^ -j 3 ? n •Via b r ; J 3 i County Sherij :nsic Alcohol NTH Alcohol Re ^*i%r Instalment Serial Number: 4.12,-C< Operator Agency: _ SLo.£l1 Operator Name: l-[o(L,^\ Operator ID/Badge Number: Date: //^ Subject Name (First, Last): u i Subject Date of Birth: Results: Enter only the first two decimal places for each breath test in the boxes provided. Breath Test 1: O.lTlf^ WlldT.oteaia test 1 : g/2iOL Breath Test 2: 0.[/JlU g/210L Breath Test 3: O,00 g/210L (tf j' Breath Test was necessar}-) .OE^ FVEO ^ « r i 3 I Number . A S r ? • 0 0 J b T >5 5 ! N 0 7 A I 2 3 M 0 3 03 : Staple Alee OPERATOR Sj:i LUI S Ob i spo PO Ar rss! Locdt i on San Lj i S Obi spo Vi b i af i sn 23 152 Ci tat i on Numbs.' ! 0 3 d I 3 0 9 7 I r i t n Ma T T he u'J C a. RDO 2 a Last . NEGRE T £ 34/18/1932 £ ■•/ I D £ N T I A u A I p' D ! a n < 0 0 0 0 9/2 I 0 L 23 1 1 02 Braath i ss t 1 23 12 ,41 C 13 5 g / 3 I C U Bisath Tsst 2 23 I5 i 7 0 15 5 g / 'r I 0 R s ; r i « s . LAST CA L I 6 R.a T I ON 04/14/20 (5 07 0S:27 L A 3 i ACCURACr CHECK 0 3 / I 5 ; 2 0 I o 0 9 .2 5 :0 3 Scrasning Tsst Don B 1 0 0 3 O r a « ' 3uDj9ct ObSSrred 19 Mi nutes V P.-ecaut ionsry Cbeu:. l ist w J s f 0 » I 0 vv e d •P-'/Wr Statelink Infonnation for call number 16-033628 Call ID: 16-033628 22:36:59 08/18/2016 - Righetti, K State Response: Unit Number:061 CLET 061 SLC4 .ID DATErOB-18-16*TIME:22:35* DMV RECORD FOR LAW ENFORCEMENT USE ONLY DL/NO:B8724382*B/D:04-I8-1982*NAME:NEGRETE MATTHEW CARDOZA* MAIL ADDR AS OF 04-18-16:260 CERRO ROMAULDO SN LUIS OBISP 93405* OTH/ADDR AS OF 04-26-11:260 CELLO ROMAULDO SN LUIS OBISP * AKArNEGRETE MATTHEW JR* IDENTIFYING INFORMATION: SEX:MALE*HAIR:BLACK*EYES:BRN*HT:6-00* WT: 185* LIC/ISS:04-18-16*EXPIR£S :04-18-21 *CLASS:C NON-COMMERCIAL & MI MOTORCYCLE* ENDORSEMENTS:NONE* ORIGINAL DL ISSUE DATE:04-20-98* LATEST APP: DL TYPE:RENEWAL*ISS/DATE: 04-18-16*OFFICE: SLO*BATES:LIS* ORGAN AND TISSUE DONOR: NO UPDATED:04-18-16 LICENSE STATUS: VALID* DEPARTMENTAL ACTIONS: NONE /sds/app/forcc/upr(/cdcc9i t.xl 08/19/16 Stateh'nk Information for call number 16-033628 pggQ 2 of 5 CONVICTIONS: NONE FAILURES TO APPEAR: NONE ACCIDENTS: NONE END /5cIs/'app/force/uprt/cdce911.xl 08/19/16 Stateiink Information for call number 16-033628 3 of 5 22:37:04 08/18/2016 - Righetti, K State Response: Unit Number: 061 CLET 061 SLC4 .IW CA0400600 RE: QW.CA0400600.NANI/NEGRETE,MATTH MATCH MADE ON NAM./NEGRETE,MATTHEW CARDOZA NAME FIELD SEARCH REVEALS: WPS HIT #001 HIT MADE ON NAM/NEGRETE,MATTHEW CARDOZA ORI/CA0400000 FCN/4781300301408 **MISDEMEANOR WARRANT: DO NOT ARREST/BOOK BASED ON THIS WARRANT** NAM/NEGRETE,MATTHEW CARDOZA 19820418 M W 600 205 BLK BRO CA DOW/20I21220 WO/M476042 TOW/MISD ENT/4 OFF/5012 PROB VIOL BAIL/15,000 OOC/1399 ASSAULT MIS/NOEX OUTSIDE COUNTY. BATTERY OLG/B8724382.CA.2016 SUBJECT MAY BE SAME AS CII/A22682799 FBI/568476RB3 NOA/N EXL/D NO EXTRADITION - IN-STATE PICK UP ONLY SEE MIS FIELD FOR LIMITS IMMEDIATELY CONFIRM WITH CA0400000 SAN LUIS OBISPO CO SO MNE/SLSO TELEPHONE 805 781-4588 IF NO ANSWER CALL TELEPHONE 805 781-4550 ********** END OF WPS MESSAGE ********** /sds/app/force/uprt/cdce911 .x 1 08/19/16 Statelink Information for call number 16-033628 ^ ^ 22:37:09 08/18/2016 - Righetti, K State Response: UnitNumber:061 LAWS 061 SLC4 .»» COLtNTY OF SAN LUIS OBISPO LWS INQUIRY REVEALS: WCN/ CLASS TYPE BAIL ISS DATE COURT SVC/ NAME+DESCRIPTION S R HOT WGT HAI EYE DOB RESP CHARGE(S) 185356 M $15,000 2012-12-20 SL SLPD PC594(B)(1) NEGRETE, MATTHEW CARDOZA M W 600 205 BLK BRO 1982-04-18 *- THIS IS NOT AN ABSTRACT -* ISS AGENCY: SLPD CASE #: xV[000476042 »» MANDATORY APPEARANCE «« »» NO NIGHT SERVICE «« »» NO CITE OUT «« »» 1 WARRANT(S) DISPLAYED »» END OF SAN LUIS OBISPO COUNTY LWS INQUIRY /sds/app/ force/uprt/cdcc9 H .x 1 08/19/16 Statelink Information for call number 16-033628 04:43:29 08/19/2016 - Righetti, K State Response: Unit Number:061 CLET 061 SLC4 JV DATE: 08/19/16 TIME: 04:42 INSURANCE INFORMATION ON FILE REG VALID FROM: 12/12/15 TO 12/12/16 Lie#: E989D0 YRMD:13 MAKE:FORD BTM :CP YIN :1ZVBP8CF3D5267464 R/0 :NEGRETE MANUEL, 535 CORRALITOS RD CITY:ARROYO GRANDE C C 40 ZIP#:93420 SOLD:00/00/12 RCID:08/08/I6 OCID:05/25/16 L0CD:8 L/0 :SESLOC FCU, PO BX 5360 CITY:SN LUIS OBISP ZIP :93403 LPT :Q04160526 TYPE:LA POWR:G VEH :12 BODY:0 CLAS:FM ♦-YR:16 REG STATUS: 08/11/16 1960LEGACY LICENSE PLATE 08/11/16 SMOG DUE 12/12/19 PAPERLESS TITLE 08/08/16 PREY LIC 6ZAY242 CLEARANCE INFORMATION RECORDS: OFFICE WORK DATE TECH/ID SEQ# VALUE FICHEDATE TTC Y60 12/20/12 3K 0553 00324.00 00/00/00 AOO 650 11/18/13 30 0002 00302.00 00/00/00 HOO 650 11/03/14 22 0004 00282.00 00/00/00 H05 142 11/04/15 11 1833 00247.00 00/00/00 POT U63 12/31/15 BA 0000 00000.00 00/00/00 ZOl YEO 05/25/16 AC 0108 00023.00 00/00/00 FOO 547 08/08/16 15 0018 00050.00 00/00/00 HOO 04/30/2016-ODOMETER: 34,110 MILES ACTUAL MILEAGE END /sds/app/force/uprt/cdcc9n.xl 08/19/16 Exhibit B ^ Police Department 1042 Walnut Street. San Luis Obispo, CA 93401 805.781.7317 May2P', 2018 Kara Stein-Conaway 1119 Palm St. San Luis Obispo, CA 93401 Dear Ms. Stein-Conaway, You contacted our agency on August 18''\ 2017 with numerous complaints regarding the actions of Officer Joe Hurni. The complaints stemmed from several cases where you acted as the defense attorney. In your complaint, you listed numerous allegations regarding Officer Hurni. A membei of our management team has completed a thorough investigation of the allegations in your complaint. During the investigation there was one allegation that was sustained with all others not sustained. As you are aware this is a personnel matter and we cannot disclose any imposed discipline or specific facts about the investigation. We pride ourselves on providing the best possible service to our community. We continually strive for improvement and this would not be possible without your feedback. Sincerely, Deanna Cantrell Chief of Police City of San Luis Obispo The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities laa Telecommunications Device for the Deaf (805) 781 -7410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I hereby declare and state: On 6/13/18, I served Notice of Motion for Pre-trial Discovery (Pitchess and Brady) - Points & Authorities - Declaration of Kara Stein-Conaway - Exhibit A police report on the following: EMAIL DELIVERY: San Luis Obispo Policy Department, email service as authorized to SLO City Attorney, Christine Dietrick at cdietrick0slocity.org, Kelly White at kwhite0slocity.org, and Jon Ansolabehere at jansolabehere0slocity.org San Luis Obispo District Attorney's Office, email service as authorized to Deputy DA Nick Quincey at nquincey0co.slo.ca.us I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 6/13/18 at San Luis Obispo, California. 10