Lopez

The People appeal from the trial court’s orders granting defendant Maria Elena Lopez’s pretrial motion to suppress evidence under Penal Code section 1538.5 and dismissing the case in furtherance of justice under section 1385. The suppression issue involves the following basic facts: defendant was outside her car when a police officer, who watched her park the car, asked whether she had a driver’s license; when defendant said she did not, the officer asked whether she had any identification and defendant said she thought it was in the car; the officer then placed her in handcuffs and another officer retrieved a purse from the car; the subsequent search of the purse for identification uncovered a small amount of methamphetamine.

The Attorney General contends the methamphetamine was found during a lawful search for identification under In re Arturo D. (2002) 27 Cal.4th 60 [ 115 Cal.Rptr.2d 581 , 38 P.3d 433 ] (Arturo D.) and the trial court erroneously ruled the United States Supreme Court’s decision in Arizona v. Gant (2009) 556 U.S. 332 [ 173 L.Ed.2d 485 , 129 S.Ct. 1710 ] (Gant) compelled suppression of the evidence. Defendant asserts the officer unlawfully detained her…