People v. Guevara CA4/3

FACTS

Late one evening, Officer Mark Lillemoen was dispatched to a gas station in Anaheim to look for a brown Toyota Corolla. When Lillemoen arrived, he saw Guevara seated in the driver’s seat of a brown Toyota Corolla and a second person seated in the passenger’s seat. When Lillemoen asked Guevara what he was doing, Guevara said he and his friend were on their way to work when it was canceled, so they stopped at the gas station. Lillemoen asked Guevara if the car belonged to him, and Guevara said it did. During a search of the car, Lillemoen found a BB gun underneath the driver’s seat and a small digital scale sitting on the center console. In the trunk, Lillemoen found a black backpack containing two hard-packed marijuana balls wrapped in plastic and a blue duffel bag containing an air tank and bolt cutters. Lillemoen initially believed the air tank was a nitrous oxide tank, but after looking at the label on the tank, determined it to be a carbon dioxide tank. Guevara admitted the air tank was his, but denied the marijuana and bolt cutters belonged to him. Guevara admitted the BB gun was his and explained it was in his car because he planned to sell it. An information charged…