People v. Harris CA1/1

BACKGROUND

Shortly after midnight on August 6, 2011, Fairfield Police Officer Jausiah Jacobsen was investigating a stolen vehicle and hit-and-run incident. Patrolling a few blocks from where the stolen vehicle was later found, Jacobsen was “[l]ooking for any

1 All further undesignated statutory references are to the Penal Code unless otherwise indicated.

1 other evidence, suspect vehicle, anybody that saw what happened.” He spotted defendant in a Dodge Durango parked along the street, pulled up behind the vehicle, and flipped on a spotlight to illuminate the area. He got out and approached the Durango to inquire if defendant might have any useful information. Before Jacobsen reached the vehicle, defendant got out and went into a nearby residence. Jacobsen continued to walk up to the driver’s side door of the Durango and used a flashlight to see if anyone else was inside. No one was, but he saw a gun wedged between the driver’s seat and center console. “[E]verything except the end of the barrel” was showing. “[T]he grip, the trigger assembly area, the action area,” and a magazine inserted into the magazine well were all visible. Jacobsen concluded he might well be witnessing a…