People v. McHenry CA2/6

FACTS

On January 30, 2013, police searched McHenry's home pursuant to a warrant. In an unlocked safe in the closet of McHenry's bedroom, officers recovered several firearms, including a nine-millimeter Uzi, a .38 caliber revolver and an SKS rifle. Officers also recovered a loaded handgun from between the mattresses. Downstairs, officers recovered two loaded handguns on top of a china cabinet and entertainment system. There were two young children in the home. Motion to Traverse and Suppress Prior to trial, McHenry moved to traverse the warrant and to suppress evidence. At the People's request, the court ordered a portion of the warrant affidavit sealed to protect the identity of a confidential informant. In the unsealed portion of the warrant affidavit a Los Angeles County Sheriff's detective (affiant) states: He has training and experience and has qualified as an expert on criminal street gangs. He is investigating three crimes―a shooting, an assault with a deadly weapon and a burglary―all involving the East Side Paramount gang. "It is very common for gang members to trade or pass firearms, or other dangerous weapons, amongst each other so they may be used by…