People v. Serrano CA3

BACKGROUND

On May 5, 2012, Stockton police officers, believing defendant was on searchable probation, went to the house where they thought defendant lived to conduct a search.

1 Several officers went to the front door of the residence and knocked, while one officer went to the rear of the house. After knocking and announcing their presence several times, one of the officers heard someone inside running toward the east side of the house and heard “what sounded like a toilet seat.” Defendant was detained after the officer stationed to the rear of the house saw him crawl out of a bathroom window. During a subsequent search of the house, officers found a loaded firearm submerged in the water inside the toilet tank in that same bathroom. It had small air bubbles on its surface. The firearm was a single-stack, .45-caliber semiautomatic and was determined to have been recently stolen. The officers also located ammunition of different caliber than the firearm. Defendant claimed he did not live at the house and knew nothing about the gun. Defendant was charged with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)),1 possession of ammunition by a felon (§ 30305, subd.…