People v. Hernandez CA2/6

FACTS

In July 2022, Alex Morales, a sheriff’s detective, pulled over a Toyota Avalon because the windows on the vehicle were illegally tinted. Christopher G. was the driver and another man was a passenger in the front seat. Hernandez was in the back seat. Morales knew Hernandez and knew he was on probation with “search terms” and had outstanding “warrants.” Hernandez was “immediately detained,” handcuffed, arrested for the “misdemeanor warrants,” and handed over to Detective Estrada. Morales conducted a probation search of the vehicle. He saw there was a backpack near the front passenger seat floorboard of the car. Hernandez told Estrada that there was a gun in the backpack in the vehicle. Morales searched the backpack and found a gun, “personal documentation with Ismael Hernandez’s name on it,” and a cylinder containing methamphetamine. Morales believed Hernandez was able to place the backpack in the front seat area from his back seat of the car. He said, “[Y]ou can reach around and grab the backpack from the back seat.” The People filed a felony complaint alleging Hernandez committed the unlawful transfer of a firearm (Pen. Code, § 27545) (count 1); was carrying a concealed…