People v. Hamilton CA5

INTRODUCTION

Following the denial of his motion to suppress evidence, defendant Robert Richard Hamilton pled no contest to transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and being a felon in possession of a firearm (Pen. Code,1 § 29800, subd. (a)(1)). He also admitted a strike prior and a prison prior. On appeal, defendant asserts the trial court erred in denying his motion to suppress evidence because the initial detention was not a valid traffic stop. We find no error and will affirm.

BRIEF FACTUAL BACKGROUND

On January 5, 2013, about 11:30 p.m., Kern County Sheriff’s Deputy Sean Mountjoy noticed a truck whose rear license plate was not fully legible because it was missing its reflective coating. Additionally, the plate was obscured by a trailer hitch ball. As the deputy followed the vehicle, he also noticed an inoperable rear light. After stopping defendant for these Vehicle Code violations, controlled substances were subsequently found as the result of a consensual search.

DISCUSSION

Defendant contends the trial court erred by denying his motion to suppress evidence under section 1538.5 because the initial stop was invalid. More particularly, he…