criminal record and discovered that he was a documented member of the Sureños
gang and on federal probation. Simonelli also knew that the car’s driver was on
federal probation, and that people who are on federal probation are ordinarily not
permitted to associate with one another. Garcia filled Simonelli in on the
surveillance leading to the traffic stop, the indicators of drug use, and
Defendant’s demeanor and attire. He also informed Simonelli that the backseat
passenger had been identified as a drug dealer.
Simonelli went to Defendant’s door and knocked on the window.
Defendant, without being directed to do so, got out of the car. When Simonelli
mentioned Defendant’s documented affiliation with the Sureños, he denied any
gang affiliation but stated that for some reason he was recorded as a Crip and that
he was on federal probation for a gun charge. Simonelli observed signs of
Defendant’s nervousness—not being able to sit still and sweating (on a winter
night). Noting that Defendant’s blue shirt and blue lanyard were consistent with
Sureños attire, Simonelli told Defendant that he wished to look at Defendant’s
belt to determine if it was of a type commonly worn by gang members. Simonelli
reached out to lift the left side of Defendant’s shirt, but Defendant immediately
placed his hand on the right side of his shirt, and Simonelli did not lift the shirt.
Instead, he directed Defendant to move to the back of the car and place his hands
behind his head so that Simonelli could frisk him for weapons. As Simonelli
placed his hands on top of Defendant’s hands, Defendant broke away, ran to a