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PEOPLE v. EVANS

No. B227697.

200 Cal.App.4th 735 (2011)

THE PEOPLE, Plaintiff and Respondent, v. VERNON EVANS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

November 4, 2011.

Attorney(s) appearing for the Case

Richard L. Fitzer , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Blythe J. Leszkay and John Yang , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ALDRICH, J.—

INTRODUCTION

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle's window, "Tased" and pepper sprayed him, forcibly removed him from the car, and arrested him for interfering with a police investigation. A warrantless search of the vehicle

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