Blakes

Filed 11/24/21; Certified for Publication 12/16/21 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

DERRICK J. BLAKES, C093856

Petitioner, (Super. Ct. No. 19FE022202 )

v.

THE SUPERIOR COURT OF SACRAMENTO

COUNTY,

Respondent;

THE PEOPLE,

Real Party in Interest.

In this mandamus action, petitioner Derrick J. Blakes seeks review of the denial of his motion to suppress the fruits of a search of his car following a traffic stop. He claims

1 the trial court erred in finding the warrantless search supported by probable cause and was a valid impound search. We agree. The facts adduced by the officers before the warrantless entry of the car; illegally tinted windows, defendant taking one-tenth of a mile to pull over and stop, the smell of marijuana emanating from the car, his having a suspended license, and his having a prior arrest for felon in possession of a firearm, do not provide probable cause that contraband or evidence of illegal activity was in the car. The evidence shows the impound decision was based on an…