People v. McKinney CA3

I. BACKGROUND

The People’s first amended complaint filed July 13, 2017, charged defendant with fleeing a pursuing peace officer while driving recklessly (Veh. Code, § 2800.2—count 1); resisting/deterring an executive officer in performance of his duties (§ 69, subd. (a)— count 2); possession of a short-barreled rifle or shotgun (§ 33210—count 3); and possession of a zip gun (§ 33600—count 4). Defendant pled not guilty. A. The Motions to Suppress Defendant moved to suppress (§ 1538.5) all tangible and intangible evidence arising from law enforcement’s unlawful contact, detention, arrest, and warrantless search of defendant (including officer observations) obtained in violation of the Fourth and Fourteenth Amendments to the United States Constitution. The People opposed this motion, arguing in pertinent part: (1) there was reasonable suspicion for the investigative stop; (2) following that stop, law enforcement had probable cause to investigate defendant’s compliance with marijuana laws given the strong smell of unburnt marijuana coming from the truck; and (3) defendant’s attempt to punch the officer and flight therefrom were intervening acts. The hearing on defendant’s motion…