People v. Espino, 247 Cal. App. 4th 746

Espino was stopped for speeding; officer ran checks and learned Espino was a registered sex offender and contacted a detective who relayed an informant tip that Espino sold narcotics and firearms.
A civilian ride-along reported a “furtive movement” by Espino during the stop; officers waited for backup and then removed Espino from the car, searched his person with consent, and found a small hard object they believed was crack.
Officers handcuffed Espino, examined the object under light and determined it was a diamond; Espino remained handcuffed and, after a short hesitation, consented to a search of his car.
The car search produced methamphetamine, a scale, and baggies; a subsequent warrant search of Espino’s home uncovered a firearm and ammunition in a safe.
Espino moved to suppress the car and house evidence; the trial court denied suppression, he pleaded no contest, and appealed the denial. The Court of Appeal reversed as to the car search and remanded for suppression and a hearing on the home-warrant validity.

Issue	People’s Argument	Espino’s Argument	Held
Whether officers had reasonable suspicion to prolong the traffic stop beyond ticket-related tasks	Collective knowledge (informant tip relayed through detective), furtive movement, and sex-registration concerns supplied reasonable suspicion to extend the stop	Detention exceeded time needed for traffic purposes; no adequate suspicion beyond speeding	Court: Reasonable suspicion supported the extended detention (stop extension lawful)
Whether Espino’s consent to search the car was voluntary given he was handcuffed after officers found an object they first believed was crack	Consent was valid; alternatively, police could have arrested for the traffic offense (Atwater) and handcuffs did not automatically convert the detention to unlawful arrest	Handcuffing and curb-seating produced a de facto arrest; once officers determined the object was a diamond probable cause for drug arrest ended and continued custody rendered any consent involuntary	Court: Handcuffing created a de facto arrest; probable cause ceased when object was identified as a diamond; consent was involuntary and car search violated the Fourth Amendment

Rodriguez v. United States, 135 S. Ct. 1609 (traffic-stop mission limits duration of detention)
Illinois v. Caballes, 543 U.S. 405 (traffic stop scope and unrelated drug investigation)
Atwater v. City of Lago Vista, 532 U.S. 318 (custodial arrest for minor offenses and Fourth Amendment)
Whren v. United States, 517 U.S. 806 (officer’s subjective intent irrelevant to objective probable cause)
Devenpeck v. Alford, 543 U.S. 146 (probable cause may be based on different offense than officer’s stated reason)
Schneckloth v. Bustamonte, 412 U.S. 218 (voluntariness of consent judged by totality of circumstances)
People v. Camacho, 23 Cal.4th 824 (prosecution burden on warrantless-search exceptions)
People v. Celis, 33 Cal.4th 667 (when handcuffing converts detention to arrest)
In re Antonio B., 166 Cal.App.4th 435 (analysis of when handcuffing elevates detention to arrest)
People v. McKay, 27 Cal.4th 601 (California limitations on custodial arrests for minor traffic infractions)