People v. Huffman CA4/2

I.

INTRODUCTION

During a traffic stop, officers searched defendant and appellant Braedin Huffman’s

car and found an unregistered and loaded firearm in the glove box. After unsuccessfully

moving to suppress evidence of the gun, defendant pled guilty to one misdemeanor count

of concealing a firearm in a vehicle (Pen. Code, § 25400, subd. (c)(6)). The trial court

sentenced defendant to time served, with one year of probation.

Defendant contends the trial court erroneously denied his motion to suppress. We

disagree and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Around midnight on a Friday night, Riverside Police Officer Hussey and his

partner, Officer Butler, were on DUI patrol in downtown Riverside. They noticed a car

with “dark front window tint” that appeared unlawful (see Veh. Code, § 26708, subd.), so

they pulled the car over. When Officer Hussey approached the driver’s side window, he

noticed the driver (defendant) had “bloodshot, watery eyes.” Officer Hussey also smelled

a “strong” odor of “burnt marijuana,” which suggested that “someone was smoking it

inside” the car. Officer Hussey did not think there was marijuana in a container because

the…