People v. Garridoaguilar CA1/3

DISCUSSION

A. Fourth Amendment Defendant first contends the trial court erred in denying his suppression motion. 1. Additional Facts At the hearing on the suppression motion, Redwood City Police Officer Jose Gonzalez testified he was on duty on June 9, 2022 at around 3:42 a.m.

All further statutory references are to the Penal Code unless otherwise indicated.

2 when he observed a white Honda. He ran a check on the car’s license plate, discovered the registration was suspended in violation of the Vehicle Code, and initiated a traffic stop. As Gonzalez approached the driver, he saw the car had four occupants, with defendant in the back seat. Officer Gonzalez advised the driver of the reason for the stop. The driver responded “no” when asked if there were firearms or drugs in the car, and gave Gonzalez consent to search the car. Each occupant consented to Gonzalez’s request to exit the car, though Gonzalez did not have them exit all at once. As Gonzalez began patsearching a female passenger, she said something along the lines of, “this is not mine,” which caused Gonzalez to assume she was referring to her jacket. Though Gonzalez began his patsearch of the female for…