Chavez
People v. Chavez
Opinion
Opinion
Robie, J.
The People appeal from the dismissal of two weapons charges against defendant Danny Robert Chavez, contending the trial court erred in granting defendant’s motion to suppress. We agree and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
On August 2, 2005, at approximately 8:39 p.m., Roseville Police Officer Aaron Leahy was dispatched to a motel to talk to defendant’s girlfriend regarding a disturbance. She reported that around 12:00 noon that day, she was leaving for work in her Jeep when defendant stopped her, ordered her out of the driver’s seat, and took the keys to the vehicle. Defendant drove her to work and then left with the Jeep, stating that he would never give it back to her.
She asked the officer to go to the residence she shared with defendant and their seven-year-old son to find out if the vehicle was there. She asked the officer to attempt to contact defendant to ask for the keys for her. She stated that she did not want to ask defendant herself because she feared he was still angry with her, and he had been violent in the past. When asked if defendant had access to any weapons, she stated that she had seen a gun in the residence six months earlier. The…