Perez

Following a hearing before a police board of rights (Board), Cindy Perez (appellant) was terminated as a Los Angeles police officer. The Board found her guilty on five counts of misconduct. Appellant filed a petition for a writ of administrative mandate seeking reinstatement. The trial court ordered the issuance of a writ of mandate compelling the chief of police and the City of Los Angeles (respondents) to set aside the Board’s guilty finding on count 5 of the complaint. It denied the petition as to the other counts and remanded the matter to the Board for reconsideration of the appropriate penalty. Both parties appeal.

Appellant contends that the trial court erroneously refused to suppress the evidence supporting count 2. Respondents contend that the trial court erroneously suppressed the evidence supporting count 5. We affirm.

The Complaint

The five-count complaint against appellant charged her with the following misconduct: count 1—pointing a loaded firearm at Officer Elizabeth King; count 2—pointing a loaded firearm at Sergeant Andrew Chase; count 3—in-appropriately conducting “gun retention training [and] employing improper techniques’’; count 4—attempting to…