People v. Delacruz CA2/5

Facts At the hearing on appellant’s motion to suppress evidence, Los Angeles County Sheriff’s Deputy Marco Magana testified that on July 9, 2013, at 6:00 p.m., he saw a white BMW make an unsafe lane change. Deputy Magana also noticed that the car had a cracked windshield. He stopped the car, which was being driven by appellant. There was a male passenger in the front seat. Deputy Magana asked appellant if he had a valid driver’s license. Appellant replied that his license was suspended. Deputy Magana detained appellant and his passenger while the deputy conducted an unlicensed driver investigation. The deputy directed the men to get out of the car. Deputy Magana asked appellant where his registration and insurance card were located. Appellant replied that they “should be in the glove compartment or center console area.” The deputy got into the front passenger seat of appellant’s car and attempted to open the glove compartment. It was locked. Deputy Magana took the car 2 keys from the ignition and used them to open the glove compartment. Inside, he found a loaded Smith and Wesson handgun. Deputy Magana recovered other items from the…