People v. Price-Stewart CA1/4

I.

INTRODUCTION

Following the denial of a motion to suppress evidence (Pen. Code, § 1538.5)1, appellant Emma Price-Stewart entered a guilty plea to possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), and admitted one prior felony conviction (Health & Saf. Code, § 11351.5). On appeal, Price-Stewart’s sole contention is that the seizure of her purse during a police investigation was unconstitutional because there were no particularized facts showing that she was armed or dangerous. As such, Price-Stewart argues the police officer’s observation of the gun after the illegal seizure must be suppressed as tainted evidence. We disagree and affirm.

1 Section 1538.5 allows a defendant to move to suppress evidence obtained in an improper search and seizure. (People v. Williams (1999) 20 Cal.4th 119, 125.)

II.

FACTUAL AND PROCEDURAL BACKGROUNDS

On the afternoon of March 21, 2012, San Francisco Police Officer Donald Lockett received a call regarding the attempted fraudulent use of a credit card at the Louis Vuitton store in the Westfield San Francisco Centre mall. Officer Lockett testified that upon his arrival, a store employee told him that one male and one…