Q: BY MR. DISTRICT ATTORNEY: Are you familiar with that stretch of Pacific Coast Highway?
A: Yes.
Q: Have you conducted impaired driving investigations in that area before?
A: Yes.
Q: Is there a high incidence of alcohol related accidents and/or arrests in that area?
A: Yes.
Q: Was that part of the reason why the checkpoint was set up there?
A: Yes, it was.
Q: Had there been checkpoints set up at that location previously?
A: Yes, there had been.
Q: Do you know what time the checkpoint was set up?
A: Around 6:00 p.m. in the afternoon.
Q: Do you know when it concluded?
A: It goes until approximately 2:00 in the morning.
Q: Do you know why those hours were chosen for the operation of the checkpoint?
A: It has been done because of a study that Sergeant Brooks has done on PCH, and shown that there is a history of people driving that stretch of PCH during those hours.
Q: Driving impaired during those hours?
A: Driving impaired.
Q: Thank you. Who is Sergeant Brooks?
A: He is the traffic sergeant, has done a study on Pacific Coast Highway and safety and driving under the influence.
Q: The checkpoint have any warning signs?
A: Numerous warning signs around the corner letting motorists know that there is a DUI checkpoint. I am not sure the distance but up ahead of the checkpoint with opportunity for them to turn off or turn around.
Q: Roughly how far, do you know how far out that was?
A: I would say over a hundred yards.
Q: So were there any lights to indicate the checkpoint’s existence?
A: There are flashing signs and cone patterns and numerous signs.
Q: How many cars can you estimate that you stopped while you were at the checkpoint?
A: How many personally?
Q: Sure. I would say at least 30, 30 cars.
Q: And were you able to observe other officers conducting stops?
A: Yes.
Q: How would you characterize the stops in duration, were they long stops?
A: Brief.
Q: Why were they brief?
A: I would just ask simple questions, and if at that time I don’t see any symptoms of someone being under the influence while driving a motor vehicle, they are allowed to proceed.
Q: How many questions would you ask generally?
A: Less than five.
Q: And how long would the stops take if you had to estimate, how many seconds?
A: It is usually less than 30 seconds.
Q: And you previously testified you had a chance to observe other officers conducting stops, correct?
A: Yes.
Q: Were there interrogations of the drivers in similar duration?
A: I wouldn’t say interrogations, but questioning, yes.
MR. DISTRICT ATTORNEY: Thank you. No further questions.
THE COURT: Cross.
CROSS EXAMINATION (recalled) BY MR. ROSENFELD:
Q: In this particular case you have no personal knowledge of any notice being given regarding the checkpoint, correct?
A: Notice by, what do you mean exactly, sir?
Q: Do you have any personal knowledge that anybody in the public, news media or anybody else was told about this checkpoint?
A: I do not.
Q: You stated that every car on PCH was stopped between 6:00 p.m. and 2:00 a.m.?
A: Initially that is the answer that I gave, but after the judge questioned me a second time, I specify not every car.
Q: You stated that Sergeant Brooks conducted a traffic study?
A: Yes.
Q: Did you participate in this traffic study?
A: I did not.
Q: Do you know who participated in it?
A: Yes.
Q: How do you know?
A: Because of discussions that have been with the captain and the City of Malibu.
Q: Were you involved in that?
A: In these meetings, I was involved, yes. In the study, no.
Q: Do you know when the study took place?
A: It was few years back, but I can’t give you a specific date and time.
Q: Do you know how long the study took?
A: No.
Q: Do you know how many cars were involved in the studies?
A: It was very detailed study. I know it just wasn’t something quick. He has been working on it for years.
Q: Does the study that Sergeant Brooks, the study that he has been working on, is it still ongoing?
A: He is still involved, yes.
Q: Are there any written published findings regarding the study?
A: Yes.
Q: Where are those writings?
A: Sergeant Brooks would know. I only saw a research packet. I didn’t read it, but it was presented to actually Sheriff Baca.
Q: Was it specific to Pacific Coast Highway?
A: Yes.
Q: Did it cover any of the surrounding communities?
A: I am not sure.
Q: Did it cover the specific area of Pacific Coast Highway where the checkpoint was set up in this case?
A: Yes.
Q: How many DUI arrests were made at this checkpoint that night on June 28th?
A: I don’t have that information.
Q: What about the checkpoint before that, do you know when that was run?
A: It was a few months, if not a month prior.
Q: Do you know how many DUI arrests were made at that checkpoint?
A: I do not.
Q: Was there one after the June checkpoint, was there another checkpoint say in July?
A: I don’t know the specific dates, but there was another one done. They are usually about a month apart from each other.
Q: On June 28th when you were working this checkpoint, how many cars were stopped?
A: I don’t have that information.
Q: How many DUI arrests were made?
A: I don’t have that information.
Q: Were there any other arrests made?
A: I believe so but I am not sure.
Q: Do you know what they were for?
A: I don’t have that information. There is a tally and there is a deputy who keeps; it is his project to do the DUI checkpoints and he keeps all the data and information on that.
Q: How many DUI arrests are there on PCH every year?
MR. DISTRICT ATTORNEY: Objection, relevance.
THE COURT: Sustained.
Q: BY MR. ROSENFELD: You testified on PCH there is a high incidence of DUIs.
A: Yes.
Q: How do you base those studies?
A: We meet monthly with all the city and city managers, and the City of Malibu has actually, our agency, Lost Hills is the only station that allows deputy sheriffs to respond Code 3 to any possible 502 incidents. It is a hot topic at Malibu Lost Hills stations, the safety of motorists, all related to traffic incidents, accidents dealing specifically with DUI motorists.
Q: PCH at this section is two lanes north, two lanes south?
A: Yes.
Q: What other streets in the Lost Hills jurisdiction have two lanes going north and south?
MR. DISTRICT ATTORNEY: Objection, irrelevant.
THE COURT: Sustained.
Q: BY MR. ROSENFELD: Is the 1 Freeway in Lost Hills jurisdiction?
A: Yes.
Q: What is the incidence of DUIs on the 1?
A: I don’t have that information.
Q: Is Malibu Canyon in your jurisdiction?
A: It is.
Q: How many incidents are there of DUIs on Malibu Canyon?
MR. DISTRICT ATTORNEY: Object to relevance.
THE COURT: Sustained.
MR. DISTRICT ATTORNEY: The course of Questioning is beyond the scope.
Q: BY MR. ROSENFELD: How many signs were there leading up to the checkpoint?
THE COURT: When you say signs, you mean signing notifying of the checkpoint, is that what you mean?
MR. ROSENFELD: Yes, your Honor.
THE WITNESS: I can’t give you a specific answer. It is very extensive setting up this pattern of signage, of cones. I couldn’t give you specific number, but it takes like 30 to 45 minutes for them to set this up so it is safe for the motorists and the deputy sheriff personnel.
Q: BY MR. ROSENFELD: Is it legal to make a U-turn on PCH, where this checkpoint was set up?
A: I am not sure.
THE COURT: Are you referring to before the checkpoint, entering into the checkpoint?
MR. ROSENFELD: Yes, your Honor.
THE COURT: Do you understand that Question?
THE WITNESS: Yes. There are numerous opportunities for an individual to turn out. As far as a legal U-turn, I am not familiar with, if the lanes are broken, or if you would have to go into the center median and then make a U-turn from there.
Q: BY MR. ROSENFELD: So where is it that people can turn out prior to going into the checkpoint?
A: That was prior to — I never went to that area, I just know that there were deputies that have studied that area, Detective Huelsen, Detective Curry and Sergeant Brooks, that have designed it so that there is an opportunity for someone to turn out.
Q: But that is not where you were located during this checkpoint?
A: I was within the checkpoint itself.
Q: Did you set up any of the warning signs?
A: I did not.
Q: Did you set up any of the cones?
A: I did not.
Q: Is there a plan on where the signs and cones are supposed to be?
A: Yes.
Q: Did you review that on scene?
A: I did not.
Q: Did you go to check and see if those cones and signs were where they were supposed to be?
A: I did not.
Q: Do you have personal knowledge of what other deputies were doing when they were talking to people in the checkpoint?
A: Other than overhearing their conversations to my left and to my right I do know that. The rest of the team that was compiled that day, I do not.
Q: What were you looking for when you stopped somebody?
A: To see if the individual is impaired, if they are under the influence of an alcoholic beverage or any other impairment that would not allow them to safely drive a motor vehicle.
Q: Did you ask them for their driver license?
A: I did.
Q: Did you ask them for registration?
A: I did.
Q: Did you ask them for proof of insurance?
A: I did.
Q: Did you look in the cars to see if there is any contraband or illegal materials?
A: If something is in plain sight I scan the area for officer safety reasons, yes.
Q: Did you check to make sure that any kids were in car seats?
A: I don’t remember any of the individuals I contacted that evening, if there were any children in the vehicle, but that is something I would be aware of, yes.
MR. ROSENFELD: No further questions.
THE COURT: Anything further?
Personal Attention
