THE COURT: You are ready for the 1538, Mr. District Attorney?
MR. DISTRICT ATTORNEY: Yes. Both officers are here.
THE COURT: Is your client present?
MR. ROSENFELD: 977.
THE COURT: And the issues for the 1538?
MR. ROSENFELD: Contesting the stop, your Honor.
THE COURT: And just the stop?
MR. ROSENFELD: It is a checkpoint.
THE COURT: Both sides stipulate there is no search warrant or arrest warrant?
MR. DISTRICT ATTORNEY: So stipulated.
MR. ROSENFELD: So stipulated.
THE COURT: All right. Mr. District Attorney, call your first witness.
MR. DISTRICT ATTORNEY: Your Honor, the motion to suppress doesn’t actually specify whether, well, it could be read as covering more than just the stop, I think it is.
THE COURT: I asked what it was, Mr. District Attorney; counsel said it was the stop.
MR. DISTRICT ATTORNEY: Okay. People call Sergeant Hugo Mosquera, M-o-s-q-u-e-r-a.
THE COURT: Is your other witness outside?
MR. DISTRICT ATTORNEY: Yes.
THE CLERK: Raise your right hand, please. Do you solemnly state the testimony you give in the cause now pending before this court shall be the truth, the whole truth and nothing but the truth, so help you God?
THE WITNESS: I do.
THE CLERK: Please state and spell your name for the record.
THE WITNESS: Hugo Mosquera, M-o-s-q-u-e-r-a. Is HUGO MOSQUERA, is called herein as a witness by and on behalf of the People, was examined and testified as follows:
DIRECT EXAMINATION BY MR. DISTRICT ATTORNEY:
Q: Good morning, sergeant. What is your current occupation and assignment?
A: I am a sergeant for the Los Angeles County Sheriff’s Department, assigned to Custody Division Head-Quarters. I am a force investigator
Q: How long have you been a deputy?
A: 28 years.
Q: Were you working actually at Lost Hills Station on June 28th?
A: I was.
Q: And what capacity were you working on that date?
A: During that period I was the detective/ sergeant.
Q: And were you in fact working at a sobriety checkpoint on June 28th at around 9:40 in the evening?
A: I was.
Q: And was that checkpoint located at the intersection of Pacific Coast Highway and Carbon Canyon Road in Malibu?
A: Yes.
Q: Is that in the County of Los Angeles?
A: Yes.
Q: What is your background, training and experience with regard to investigating impaired driving?
A: I have taken the standardized training in the academy. I have also attended DAR training, drug and alcohol recognition. I am a member of CNOA, CaliforniA Narcotics Association. And I have also conducted numerous investigations of driving under the influence.
Q: Is it possible to estimate how many you have done over the course of your career?
A: I would say at least 500.
Q: So taking you back to the sobriety checkpoint on June 28th, when you were on duty at that location, did you see an individual by the name of Carlos Client there?
A: Yes, I did.
Q: What was he doing when you first made contact with him?
A: He was driving his vehicle.
Q: And was his vehicle at the checkpoint?
A: It was.
Q: So did you say anything to him?
A: I did.
Q: What did you say to him?
A: As the vehicle approached the location where I was standing on PCH, I was in the center island. I approached the vehicle. I asked the motorist if he had anything to drink that evening.
Q: And what did he say?
A: He told me he had.
Q: Specifically what did he tell you, do you remember?
A: He said a couple of drinks.
Q: And did you ask any follow-up questions?
A: I asked him if he felt the effects of the alcohol he had consumed.
Q: And what did he tell you?
A: He said, “Yes, definitely.”
Q: And based on that information did you take any actions?
A: At that time I looked over direction to see who the traffic investigators were. I saw Deputy Huelsen, and I motioned him to my location and I told him I had someone that possibly was under the influence of alcohol.
Q: Did you observe any physical symptoms of impairment?
A: I did.
Q: What were those?
A: While speaking to the motorist I immediately detected a strong odor of an alcoholic beverage emitting from the interior of the vehicle as well as the breath of that person or individual.
THE COURT: What was the last part of that answer? Was the last part strong odor of alcohol and what else?
THE WITNESS: From the interior of the vehicle as well as the individual’s breath and person.
THE COURT: Thank you.
Q: BY MR. DISTRICT ATTORNEY: At that time did Deputy Huelsen come over to continue the investigation?
A: Yes, he did.
MR. DISTRICT ATTORNEY: No further questions.
THE COURT: Cross.
CROSS EXAMINATION BY MR. ROSENFELD:
Q: Good morning, deputy, how are you doing today?
A: I am doing well, sir. Thank you.
Q: You said that you are a force investigator?
A: Yes.
Q: What exactly is that?
A: Anytime force is used by deputy sheriffs within the custody division, I review the packets to ensure that the force investigation was done thoroughly.
Q: Are you on A DUI task force?
A: No.
Q: And how did you get to work this night?
A: I was the detective/sergeant Lost Hills Station.
Q: What does that mean, detective/sergeant?
A: I handle all the cases that come through Malibu, Lost Hills cases, criminal cases. I review them, ensure that the detectives are following the cases thoroughly.
Q: So this was your standard shift to be working?
A: No, it was not.
Q: So how did you end up working this shift?
MR. DISTRICT ATTORNEY: Objection, relevance.
THE COURT: Sustained.
Q: BY MR. ROSENFELD: So you said you were standing on the center island?
A: Center median.
Q: Center median.
And how did you choose to stop Mr. Client’s car?
A: There are numerous personnel standing in the center median spaced apart about two feet from each other. In order to have the vehicles come through in an orderly fashion and a timely manner, we space each other out. Wherever the vehicle stops, there is usually, if the vehicles are coming through let’s say slowly, wherever they stop there is usually a person standing in front of that vehicle. It just so happened that your client’s vehicle stopped where I was standing.
Q: And you asked him to roll down his window?
A: I don’t remember if the vehicle’s window was down or up. Most of them, they are down.
Q: And you talked to Mr. Client?
A: I did, sir.
Q: And he understood what you were asking him?
A: Yes, he did.
Q: And he answered those questions?
A: Yes, he did.
Q: And you said that you smelled alcohol?
A: Yes.
Q: And in your training, your drug and alcohol training, what did you learn the odor of alcohol means?
A: When did I?
Q: What did you learn that that means, that there was a smell of alcohol?
A: Can you be more specific. Like.
THE COURT: Did the odor of alcoholic beverage have any specific meaning to you that night when you smelled it?
THE WITNESS: Yes.
Q: BY MR. ROSENFELD: What did it mean?
A: It meant that the individual who had consumed, or that your client, was operating a motor vehicle while having alcohol on his breath and person.
Q: And did you decide at that point to have him pull to the side?
A: He was in his vehicle. I had Deputy Huelsen come to where the vehicle was stopped.
Q: What did you do at that point?
A: I then secured that the vehicle, or ensured that his vehicle then was pulled over to the side while Deputy Huelsen was doing his investigation, because we still needed the checkpoint to continue.
Q: Did you move his car?
A: I did not.
Q: Did a sheriff’s deputy moves his car?
MR. DISTRICT ATTORNEY: Objection, relevance.
THE COURT: Overruled. He can answer that yes or no.
THE WITNESS: I am not sure who moved it but it was moved off, it is like a secondary location, and the vehicle then is pulled off to the side.
MR. ROSENFELD: No further questions.
THE COURT: Any redirect?
MR. DISTRICT ATTORNEY: Nothing further.
THE COURT: May this officer step down and be excused?
MR. DISTRICT ATTORNEY: Yes, your Honor.
MR. ROSENFELD: Yes.
THE COURT: You are excused. Next witness.
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