People v. McGehee CA2/8

STATEMENT OF FACTS

On April 13, 2012, around 1:30 p.m., Los Angeles County Sheriff’s Deputy James Peterson monitored traffic from a marked patrol vehicle parked on the southbound side of the Interstate 5 freeway just north of the City of Castaic. At the time it was raining. Deputy Peterson saw appellant drive by in a brown Chevrolet sedan (which he would later determine was a rental car) with a female passenger. Appellant was driving without his headlights and changed lanes without signaling, which were violations of the Vehicle Code, so Deputy Peterson initiated a traffic stop. Deputy Brian Rooney arrived as backup and the officers searched the vehicle.2 They discovered a size “4XL” hooded sweatshirt in the back seat with a Glock pistol in the front pocket loaded with 13 rounds of live ammunition.

All further statutory references are to the Penal Code unless otherwise noted. At the preliminary hearing and during a pretrial hearing on a motion to suppress, Deputy Peterson testified he smelled unburned marijuana in the car, which prompted

2 Deputy Peterson arrested appellant, who was a “fairly large gentleman” at six feet four inches tall, weighing approximately…