J.G.

People v. J.G.

Good Law
115 Cal. Rptr. 3d 912·188 Cal. App. 4th 1501·2010 Cal. App. LEXIS 1724
Court of Appeal of CaliforniaOctober 6, 2010No. G042533California2,291 words

Opinion

lead Opinion

Bedsworth, J.

*1504 Opinion

Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5), appellant pleaded guilty to possessing a deadly weapon with the intent to assault (Pen. Code, § 12024). He contends the motion was improperly denied because he was arrested without probable cause, but we disagree. “When, as here, the facts known to an officer are sufficient to constitute probable cause to arrest, the possibility of an innocent explanation does not vitiate probable cause and does not render an arrest unlawful. [Citation.]” (Johnson v. Lewis (2004) 120 Cal.App.4th 443, 453 [ 15 Cal.Rptr.3d 507 ].)

FACTS

About 4:00 p.m. on June 25, 2009, Anaheim Police Department Investigator Gustavo Maya and his partner Investigator Brown (no first name given in the record) were at 316 East Wilhelmina Street in Anaheim. They were investigating an earlier gang-related crime and, based on their police training, knew that area of the city to be turf claimed by a gang known as Anaheim Travelers City (ATC).

While standing in front of the residence, Maya saw four males running from Olive Street onto Wilhelmina toward Philadelphia Street. As soon as they turned the comer onto Wilhelmina, Maya…

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