People v. Ponthier CA3

BACKGROUND

Defendant stipulated to the factual basis contained in the probation report, which recited in relevant part that in the evening of August 14, 2014, defendant drove a car into a department store lot and parked, while watched by detectives who knew (based on tips

1 from confidential informants) that he sold drugs and possessed firearms. As he got out of his car, he acted evasively and a detective approached him and asked him questions, advising him that he was free to leave. As defendant left, another detective approached the passenger still inside the car. The detective shined his flashlight in the car and saw a baggie stuffed behind the car ashtray, which contained two hydromorphine/hydrochloride pills. The passenger denied ownership. A search of the car revealed methamphetamine in the ashtray and a digital scale, 109 grams of methamphetamine, and a loaded, stolen Glock pistol hidden elsewhere. Other hydromorphine/hydrochloride pills were found discarded nearby. A search of defendant revealed $100 in cash, a cell phone, and 161 grams of black tar heroin. A warrant search of defendant’s storage unit revealed a Ruger revolver. Defendant moved to suppress the evidence;…