People v. Chann CA2/5

FACTS

On the evening of February 27, 2015, Officers Henry Vong and Ryan Solorio observed a Vehicle Code violation and conducted a traffic stop of a G.M.C. Yukon driven by defendant. The Yukon had a bench front seat, with room for the driver, a middle passenger, and a passenger on the far right. A female was in the front right passenger seat of the Yukon, where she remained throughout the stop, never moving toward the center front seat. Officer Solorio entered the driver’s side door and immediately observed a pistol in plain sight in a separation between the driver’s seat and the middle seat. The pistol was “less than an arm’s reach distance” from the driver’s seat. Officer Solorio removed the pistol which was loaded with three live .22 caliber rounds. The prosecution introduced photographs depicting the firearm between the driver’s seat and the center seat. Officer Solorio confirmed that the photographs correctly reflected the firearm’s position in the vehicle. Officer Solorio performed a check on the serial number of the pistol; it was not registered to defendant or the female passenger, and was not reported stolen. The officers

1Two additional counts were dismissed on the…