People v. Toler CA2/2

DISCUSSION

I. The Trial Court Properly Denied the Motion to

Suppress Evidence A. Evidence presented at the suppression hearing At the hearing on appellant’s motion to suppress evidence of the gun, Officer Bryant testified that in the early morning hours of July 29, 2018, he and Officer Dominguez were on patrol conducting an investigation of a shooting in which two of the victims were members of the Hoover criminal street gang. As they drove east on 84th Street, Officer Bryant observed a Dodge Charger he recognized as belonging to Hoover gang member Javonnie Murphy double parked on the street facing west. Murphy was standing nearby on the sidewalk, and appellant was standing in the middle of the street next to the open driver’s side door of the Dodge Charger. When appellant did not stand up after setting his cup down and remained bent over as he shifted his weight, Officer Bryant became suspicious and asked him what he was doing. Appellant replied without standing up that he was fixing his sock. But the officer suspected appellant was attempting to conceal a firearm or contraband. Intending to detain appellant, Officer Bryant exited the patrol car and ordered appellant to turn…