Brewer

*1021 I. INTRODUCTION

Defendant Lamonte Brewer seeks a writ of mandate directing the trial court to grant his motion to set aside an information charging him with three gun possession crimes. Defendant argues that the magistrate conducting the preliminary hearing should have suppressed evidence of a gun that police found during a search of a car, and that absent the gun evidence, the charges were not supported by reasonable or probable cause. The magistrate refused to suppress the gun evidence because defendant lacked a reasonable expectation of privacy in the car that was searched. The trial court denied defendant's motion to set aside the information for the same reason.

We conclude that defendant can challenge the gun evidence as the fruit of an unlawful detention, even if he lacked an expectation of privacy in the searched car. We will therefore grant defendant's petition, and direct the trial court to conduct further proceedings to determine whether the motion to set aside the information should be granted.

II. FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with possession of a firearm with a prior violent conviction ( Pen. Code, § 29900, subd. (a)(1), count 1) 1…