People v. Aguilar CA4/2

FACTS

The pertinent facts are undisputed. San Bernardino County Deputy Sheriff

Fernando Munoz obtained a search warrant for defendant‟s home based on information

that illegal narcotics sales were taking place at that location. On February 26, 2010, the

deputy executed that warrant. Defendant‟s teenage daughter was the only person in the

house at the time of the search. On the bed in the master bedroom, Deputy Munoz found

All further statutory references are to the Penal Code.

2 The jury found defendant not guilty of street terrorism in violation of section 186.22, subdivision (a) and also returned not true findings on so-called gang enhancements under section 186.22, subdivision (b)(1)(A) alleged in connection with counts 1 and 2.

2 a shoebox that contained .45-caliber bullets. In the cabinet under a sink in the master

bathroom, the deputy found a locked safe that the deputy opened by picking the lock.

The safe contained a loaded .45-caliber semiautomatic Ruger handgun, along with

various receipts, and a letter addressed to defendant.

Deputy Munoz spoke with defendant over the phone while executing the search

warrant. During that conversation, defendant…