CA5

FACTS

On November 26, 2013, Albert was a passenger in an SUV that was stopped by Modesto police officers. During the stop the officers found a handgun in Albert’s pants’ pocket and arrested him. On December 2, 2013, the district attorney filed a petition charging Albert with possession of a concealable handgun. On December 24, 2013, Albert filed a motion to suppress. On February 3, 2014, the court heard the motion at a combined jurisdiction and disposition hearing. During the hearing, Modesto Police Officer Dwight Miller testified that on November 26, 2013, while working in the street gang unit, he and Officer John Carrico were parked in a patrol car near Avalon and Sutter, a high gang crime area, watching traffic. At approximately 12:26 p.m. Officer Miller noticed an SUV travelling north on Sutter driven by Jaime Chavez, a Norteño gang member whose driving privilege had been suspended and who was on searchable probation. Officer Miller initiated a stop and he and Officer Carrico approached the SUV with guns drawn. A second Norteño gang member, Subhe Qarqat, was sitting in the front passenger seat and Albert was sitting in the back seat. Albert was wearing a black and red hat and…