Detaining Passengers in a Lawfully Stopped Vehicle.The Proof Requirements for Aggravating Circumstances

• Detention of Passengers in a Lawfully Stopped Vehicle
• “Unanimity” and “Burden of Proof” Requirements in the Penalty Phase of a Capital Case

Officers making a traffic stop may lawfully order passengers to remain in the vehicle for the duration of the traffic stop.  A jury need not be unanimous in determining which aggravating factors apply during the penalty phase of a capital murder case.  The burden of proof during the penalty phase in proving aggravating factors is proof by a preponderance of the evidence. 

Defendant Don’te Lamont McDaniel was a member of the Bounty Hunter Bloods, a Southeast Los Angeles street gang which controlled the Nickerson Gardens area; a large public housing complex.  At around 3:30 a.m. on April 6, 2004, defendant and another gangster (prosecuted separately) recruited (allegedly at gunpoint) Elois Garner to knock on the back door of a Nickerson Gardens apartment rented to Annette Anderson.  Inside the apartment at the time were Annette, George Brooks, Janice Williams and Debra Johnson.  (There was some inference in the case decision that Brooks—also a Bounty Hunter Blood member—had stolen drugs from defendant and was selling them.)  When asked who was knocking, Elois Garner identified herself.  Janice Williams opened the door, only to be confronted by defendant pointing a gun at her.  Defendant immediately shot and wounded Williams, who lost consciousness.  (Williams survived.)  George Brooks, standing in the kitchen, was shot numbers times and died at the scene.  Annette Anderson—also in the kitchen--was shot numerous times, also dying at the scene.  Debra Johnson, who was in the living room, was seriously wounded with gunshot wounds to her face and chest.  (Johnson survived.)  Nine-millimeter and a .357 magnum shell casings were recovered from the scene.  Both Williams and Johnson identified defendant to investigators as the shooter.  On April 11—five ....