People v. Lagrange CA4/1

STATEMENT OF FACTS

Since the conviction arises from a guilty plea, and the principal issue on appeal

relates to a motion to suppress evidence, we will summarize the facts from the motion

hearing held on October 30, 2013.

On the evening of August 16, 2013, San Diego Police officers were patrolling the

area of 4700 Pacific Highway in the City of San Diego. The officers observed three men,

who the officers suspected were drinking alcohol, in a dark parking lot. As the patrol car

pulled into the lot Lagrange put down his beer and began to walk away. Police ordered

him to stop. Lagrange hesitated but eventually put down the plastic bag he was carrying

and walked back to where the other two men were standing.

A record check revealed a stay away order that prohibited Lagrange from being at

that location. Lagrange was arrested for violating the order. He was handcuffed and

placed in the back seat of the patrol car.

After Lagrange was placed in the patrol car, an officer picked up the plastic bag

which was about 10 to 15 feet away and brought it to the police car. He opened the bag

and found a closed rifle case inside the plastic bag. The officer cut the small lock off…