People v. Guzman
CourtCalifornia Court of Appeal
Date FiledNovember 12, 2026
DocketB337040
StatusPublished
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Full Opinion
Filed 11/10/26
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, B337040
Plaintiff and Respondent, Los Angeles County
Super. Ct. No. SA099878
v.
JESUS OCTAVIO GUZMAN,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Los
Angeles County, Yvette Verastegui, Judge. Affirmed.
Dwyer + Kim and John P. Dwyer for Defendant and
Appellant.
Rob Bonta, Attorney General, Charles C. Ragland, Chief
Assistant Attorney General, Susan Sullivan Pithey, Assistant
Attorney General, Noah P. Hill and Heidi Salerno, Deputy
Attorneys General, for Plaintiff and Respondent.
____________________
The trial court properly admitted evidence police got from
searching Jesus Guzman’s social media account. The court
correctly refused to suppress that evidence because, at the very
least, the good-faith exception to the exclusionary rule applied.
A jury convicted Guzman of killing rival gang member
David Najera.
The prosecution’s trial theory was that Guzman belonged to
the Lawndale 13 gang and Najera was in the Muertos 13 gang.
The two gangs clashed the night before the murder at a hookah
bar. Muertos members pistol-whipped Guzman. Najera was not
there, but the prosecution’s theory was that the Lawndale gang
took this as collective disrespect and sought revenge against
anyone in Muertos. The next day, Guzman found Muertos
member Najera in the park and killed him in retribution.
Guzman also shot at, but missed, another Muertos member
named Portillo who was with Najera.
The jury endorsed the prosecution’s theory. On October 12,
2022, jurors found Guzman guilty of second-degree murder and
premeditated attempted murder. For each offense, they found
not true the allegation that Guzman personally and intentionally
discharged a firearm causing death but found true the allegation
that a principal personally and intentionally discharged a
firearm. The court sentenced Guzman to 22 years to life.
Guzman’s sole issue on appeal is his challenge to the police
search of his social media account.
The affidavit supporting the search warrant recited the
following.
The affiant was Detective Bradley Jackson, who had
substantial police experience, including with gangs. He had
testified as a trial gang expert 11 times. Jackson declared as
follows.
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At about 7 p.m. on Friday, April 28, 2017, a police radio call
sent officers to a park to investigate gunfire. There they found
David Najera, who had died from a single bullet to the heart.
Jackson searched the environs and found William Smith
living in the park. Smith said he was there in the afternoon and
saw two familiar males hanging out: Najera aka “Toker” and
Kenneth Kin aka “High Top.” Police on the scene knew Najera
belonged to Muertos and Kin was a member of the Southside
Players.
Smith said at about 6:50 p.m. he saw two other males walk
rapidly into the park. They were Hispanic. One held his shirt
collar up to conceal his face. They walked out of Smith’s view,
and then Smith heard two gunshots. The two men ran back out
of the park and fled in an older gray sedan. Smith described the
two men. One wore a black and red flannel shirt, while the other
had on a black T-shirt with the number 10.
Park video showed the Hispanic man with black and red
shirt was wearing jeans, white tennis shoes, and a black and gray
baseball hat. The other man in the number 10 top had gray
shorts, black socks, and black tennis shoes. The tape showed the
flannel man shooting. Then both ran to a waiting car: a silver
two door Honda Accord with a sunroof.
Bradley reported that, two days later, Lawndale 13 tagged
gang graffiti in the park. Lawndale 13 tagged their gang name
and the monikers of “Yayo” and “Bozo.” Lawndale 13 also crossed
out the gang name “Muertos,” which was the name of Najera’s
gang.
Bradley further recounted information from a “confidential
reliable informant.” This informant said Yayo from Lawndale
had been the shooter in the murder. The informant also
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identified the man with Yayo and the getaway driver, and named
the social media usernames for all three. Yayo’s social media
username was “papperchaser159.”
Bradley reported that another detective identified
Lawndale 13 gang member “Yayo” as Guzman and confirmed
Guzman’s social media account was under the name
“papperchaser159.”
Bradley’s training and experience taught him that social
media providers like Instagram will hold expanded information
about the geographic location where pictures were taken, the
Internet addresses where the photo was uploaded from, and
subscriber information that can lead to the identity of the user of
the account. Police also could use this method to retrieve private
messages between users. Bradley knew people, including those
committing crimes, will post pictures and comments about their
activities.
Based on this declaration, the police sought a search
warrant to be served on Instagram demanding all information
related to the account http://instagram.com/papperchaser159
within specific dates, which are not at issue. The police further
requested sealing of the affidavit to protect the identity of the
informant. (See People v. Hobbs (1994) 7 Cal.4th 948, 959–960.)
A magistrate signed the requested orders, which produced
evidence supporting several inferences. One was that, before the
shooting, Guzman had the means, motive, and opportunity to
retaliate against the Muertos gang members in the park.
Another inference was that, after the shooting, Guzman
displayed consciousness of guilt in different ways.
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Guzman does not challenge these inferences or the
sufficiency of this evidence. His lone appellate argument goes to
the adequacy of the affidavit supporting the search warrant.
Guzman and the Attorney General dispute whether
probable cause supported the warrant. We need not resolve this
dispute because the good-faith exception to the exclusionary rule
would permit admission of the evidence in any event. (People v.
Shove (2026) 20 Cal.5th 636, 663–664 (Shove).)
Without doubt, a well-trained officer reasonably would
have believed the affidavit supporting the warrant was valid or
at least presented a close or debatable question on the issue of
probable cause. (See Shove, supra, 20 Cal.5th at p. 664.)
In an exemplary style that bespeaks experienced judgment
by Guzman’s appellate counsel, Guzman concedes there was a
reasonable basis in the facts recounted in the affidavit to
conclude:
● a Lawndale 13 member was involved in shooting a
Muertos gang member in the park,
● Guzman was a Lawndale member, and
● Guzman’s nickname was tagged in the park.
Guzman focuses his attack by maintaining nothing in the
affidavit suggested that Guzman was involved in the crimes or
that his social media account would contain evidence relevant to
the crimes. For example, the affidavit does not state who tagged
Guzman’s nickname, and it does not include an expert’s opinion
about what tagging his name signified.
There was, however, ample evidence Guzman was involved.
Most prominently, the confidential informant said Yayo from
Lawndale 13 was the shooter, and a detective confirmed Yayo
was Guzman.
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As to the next point about whether Guzman’s social media
account would contain evidence relevant to the crimes, the
affidavit again was sufficient to support a reasonable police belief
in the warrant’s validity. For instance, Bradley declared that
people committing crimes will post pictures and comments about
their activities on social media. The confidential informant said
Yayo’s social media username was “papperchaser159.” This
sufficed. Indeed, it is common knowledge among experienced
judges, and cause for some continuing amazement on our part,
that gang members so often boast on social media in ill-advised
ways about their recent criminal exploits. The inference that
social media would contain probative evidence was sound. (Cf.
Shove, supra, 20 Cal.5th at p. 664 [the affidavit’s facts need not
pinpoint exactly where the evidence may be found because a
magistrate can draw reasonable inferences about where evidence
is likely to be kept].)
On to the next point. It was unnecessary to identify the
individual author of the post-murder graffiti because the message
so clearly bore the earmarks of gang claims: a claim of murder
responsibility, as well as a concomitant territorial claim by the
gang. This is all familiar stuff in gang cases. Guzman offers no
alternative interpretation of this graffiti, which was temporally
and textually tied to the shooting.
As to Guzman’s demand for an expert, affiant Bradley had
testified as a trial gang expert 11 times. His expertise was
evident and substantial.
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DISPOSITION
We affirm.
WILEY, J.
We concur:
STRATTON, P. J.
VIRAMONTES, J.
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