People v. Alatorre CA5

INTRODUCTION

Jaime Rodriguez Alatorre (appellant) pleaded no contest to discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3, subd. (a))1 , felon in possession of a firearm (§ 29800, subd. (a)(1)), and felon in possession of ammunition (§ 30305, subd. (a)(1)). The trial court sentenced appellant to two years in state prison. On appeal, appellant challenges the trial court’s denial of his section 1538.5 motion to suppress evidence. We conclude the initial search of appellant’s residence was a valid protective sweep supported by reasonable suspicion, and we affirm.

BACKGROUND

Appellant filed a motion to suppress evidence pursuant to section 1538.5 challenging the officers’ initial search of his residence, which led to the discovery of a firearm. Appellant also moved to quash the subsequent search warrant for his residence as based on tainted evidence. The following facts are derived from the testimony of three police officers at the hearing on appellant’s motion to suppress, the search warrant for appellant’s residence, and the police body camera footage offered into evidence by appellant. On March 22, 2020, around 2:00 a.m., the “Shot Spotter” system in the…