People v. Silva CA3

FACTS

About 3:00 p.m. on December 1, 2009, Deputy Sheriff David Lee saw a car speeding on Arden Way. Deputy Lee followed the car for more than two miles. He noticed that it had expired registration tags and stopped the car. Defendant was the driver and Tessa Trimble, defendant’s girlfriend, was the front seat passenger. After asking for defendant’s license, registration, and proof of insurance, the deputy asked defendant if he was on probation or parole. Defendant admitted he was on parole. The deputy had defendant get out of the car. The deputy then pat-searched defendant and did not find any weapons on his person. Deputy Enriquez had arrived and was at the passenger side speaking with Trimble. Trimble was also asked to get out of the car. Defendant agreed to a search of the car. Deputy Lee searched the car, which had a lot of trash in the front and was “very messy.” Deputy Lee began on the passenger side for safety reasons (the driver’s side was along the road). In the middle of the floor, up against the center console on the passenger side but near the driver’s side and not underneath the seat or any trash, the deputy found a grey T-shirt loosely wrapped around a semiautomatic…