Mosley

I. BACKGROUND

On July 19, 2023, the Sacramento County District Attorney filed a felony complaint charging petitioner with unauthorized possession and transportation of a machine gun (Pen. Code, § 32625, subd. (a)),2 being a felon in possession of a firearm for the benefit of a street gang (§§ 29800, subd. (a)(1), 186.22, subd. (b)(1)) and being a felon in possession of ammunition (§ 30305, subd. (a)(1)). The complaint further alleged that petitioner had suffered a prior strike conviction. (§§ 667, subds. (b)-(i), 1170.12.) The charges stemmed from warrantless searches of petitioner’s car and person, which produced a loaded magazine and Glock handgun with automatic switch, respectively. Petitioner filed a motion to suppress the magazine and handgun, arguing the searches were unsupported by probable cause or reasonable suspicion. The trial court held a suppression hearing on September 1, 2023. A. Evidence Presented at the Suppression Hearing The Sacramento County Sheriff’s Department received a call concerning a group of men in the parking lot of an apartment complex in Rancho Cordova on July 5, 2023. The caller said the men were creating a music video, and one of them was…