People v. McThrow CA5

INTRODUCTION

Appellant Deandre Ray McThrow was charged with vehicle theft (Veh. Code, § 10851, subd. (a), count 1), possession of a stolen vehicle (Pen. Code, § 496d, count 2), and transportation of marijuana (Health & Saf. Code, § 11360, subd. (a), count 3). He pleaded no contest to counts 1 and 2, admitted various enhancement allegations against him, and count 3 was dismissed. Appellant was sentenced to 16 months in prison. Appellant contends the trial court erred by denying his motion to suppress because the officer who initiated a traffic stop of the vehicle he was driving lacked an objectively reasonable basis to do so. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY

Appellant moved to suppress the evidence obtained against him pursuant to Penal Code section 1538.5. The following statement of facts are derived from the reporter’s transcript from the motion to suppress hearing. On February 15, 2014, at approximately 11:00 p.m., Officer Claude Brooks from the Bakersfield Police Department was on duty with his partner in the area of the 400 block of East 19th Street in Bakersfield. Officer Brooks observed a gold Toyota Corolla driving in the opposite direction and…