People v. Mayes CA1/1

BACKGROUND

Defendant was charged by complaint with one count of felony concealment of a firearm in a vehicle (§ 25400, subd. (a)(1)), one count of felony carrying of an unregistered firearm (§ 25850, subd. (a)), and one count

All further statutory references are to the Penal Code unless

otherwise indicated. People v. Harvey (1958) 156 Cal.App.2d 516 (Harvey); People v.

Madden (1970) 2 Cal.3d 1017 (Madden).

1 of misdemeanor child endangerment (§ 273a, subd. (a)) based on events that occurred in January 2019, and one count of misdemeanor brandishing a concealable firearm in public (§ 417, subd. (a)(2)(A)) based on events that occurred in December 2018. Pursuant to section 1538.5, defendant moved to suppress all evidence obtained during the search of his vehicle in connection with the January 2019 incident. In a footnote in his memorandum of points and authorities supporting his motion, defendant notified the district attorney that he intended to “raise a Harvey[-]Madden objection on the hearing of this motion.” The People opposed the motion, variously asserting defendant’s detention was lawful because it was “based upon a reasonable suspicion of criminal activity,”…