People v. Hernandez CA2/6

FACTS

The Los Angeles District Attorney charged Hernandez with receiving stolen property and two counts of carrying a concealed firearm. (§§ 496, subd. (a), 25400, subd. (a)(2).) Hernandez moved to suppress evidence pursuant to section 1538.5. A superior court judge heard the motion to suppress before it conducted the preliminary hearing.

1 All statutory references are to the Penal Code. Police Officer Joe Dolgovin testified that one evening he was patrolling a neighborhood in Pomona while it was still light outside. He was "providing extra patrol" because of an increase in violent gang activity. He was alone. Dolgovin saw two people sitting in a legally parked car. He decided to contact them to find out what they were doing. He knew from experience that people park in their cars and use drugs. There was nothing about the car that "suggested the occupants were engaged in criminal activity." Dolgovin parked directly behind the car and walked toward it. He testified that "[a]s [he] walked up the driver's side of the car, the driver rolled down the window." Dolgovin "[i]mmediately noticed a smell of marijuana coming from the vehicle." Hernandez was sitting in the front…