Turner

BACKGROUND

The People filed a felony complaint against Turner alleging that on a specified

date in December 2020 he violated Penal Code section 29800, subdivision (a)(1), and

Penal Code section 30305, subdivision (a), by being a prohibited person in possession of

a firearm and ammunition. Turner moved to suppress evidence. (Pen. Code, § 1538.5.)

The motion was based on “all the papers and records on file in [the] action, and on such

oral and documentary evidence as may be presented at the preliminary hearing.” No

exhibits accompanied the motion. The People opposed the motion and did not submit

any evidence with their opposition.

At the hearing on the suppression motion, Deputy Joseph Smith of the Riverside

County Sheriff’s Department testified for the prosecution. Our description of the facts is

2 based on Smith’s testimony, which was the only evidence admitted at the hearing that has

been included in the exhibits in this writ proceeding.

One afternoon in December 2020 at about 3:00 p.m., Smith was on a routine patrol

when he noticed a car “do a burnout.” Through his open car window, Smith heard tires

screeching and turned toward the noise, where he noticed a…