Nottoli

People v. Nottoli

Good Law
130 Cal. Rptr. 3d 884·199 Cal. App. 4th 531
Court of Appeal of CaliforniaSeptember 26, 2011No. H035902; No. H035904California13,193 words

Opinion

Lead Opinion

Elia, J.

After granting suppression motions, a magistrate dismissed complaints against Barry Jerome Nottoli (Barry) and Reid William Nottoli (Reid), father and son. 1 The prosecution unsuccessfully brought a motion in the superior court “to compel the magistrate to reinstate the complaint[s]” pursuant to Penal Code section 871.5, subdivision (a). 2 The principal issue in these People’s appeals is whether a warrantless search of Reid’s vehicle and the cell phone discovered in the vehicle following a traffic stop were justified as searches incident to arrest under Arizona v. Gant (2009) 556 U.S. 332 [ 173 L.Ed.2d 485 , 129 S.Ct. 1710 ] (Gant).

We conclude that the suppression motions were erroneously granted.

A. Procedural Background

On December 24, 2010, a seven-count complaint was filed against Reid in Santa Cruz County Superior Court case No. FI 8672. It alleged that Reid had committed various drug and weapons offenses on or about December 16, 2009: possession of marijuana for sale (Health & Saf. Code, § 11359) (count one); cultivation of marijuana (Health & Saf. Code, § 11358) (count two); possession of a deadly weapon (Pen. Code, § 12020, subd. (a)(1)) (count three);…

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