People v. Anthony CA1/5

BACKGROUND

On August 6, 2013, at approximately 3:07 p.m., Richmond Police Officer Lane Matsui initiated a traffic stop of a silver Nissan Maxima that he observed lacked front or rear license plates (Veh. Code, § 5200). The car instead had a “red paper license plate” on the rear of the vehicle. Matsui checked the rear window and did not see any temporary operating permit sticker affixed there. The driver explained that she had recently purchased the vehicle and gave Matsui paperwork documenting the purchase. Anthony was in the passenger seat of the vehicle. Matsui noticed that Anthony was “breathing really heavily” and “appeared very nervous.” Matsui believed that Anthony was avoiding eye contact with him. After verifying the vehicle paperwork, Matsui asked the driver for permission to search her car. She agreed.3 A loaded firearm was found underneath the seat where Anthony had been sitting. The gun was lying on its right side, with the grip to the front and muzzle pointing toward the left rear of the vehicle, as if “a right-handed person stuck it underneath the seat of the car.” The driver denied that it was hers. Matsui arrested Anthony. Anthony was charged by information with…