People v. Lark CA3

DISCUSSION

I Search and Seizure Prior to trial, Lark filed a motion to suppress the firearm (§ 1538.5), arguing there was no probable cause for the vehicle search. The magistrate heard the motion to suppress concurrently with the preliminary hearing and denied it. On appeal, Lark argues that counsel provided ineffective assistance when counsel failed to renew the motion to suppress, arguing again that the evidence demonstrates the search was not supported by probable cause. We disagree. A. Additional Background At the hearing on the motion to suppress, the prosecution contended that officers had reasonable suspicion to detain Lark for the crime of driving without a valid driver’s license. The prosecution also argued the search was then justified when Lark behaved suspiciously during the initial detention and officers observed an “open container” of marijuana in plain view. The prosecution alternatively argued the officers conducted a valid inventory search connected to the decision to tow Lark’s car. Officers David McDonald and Michael Bowman testified that they were working on patrol on February 2, 2021, at approximately 4:53 p.m. when they saw a silver Toyota Highlander turn…