People v. Sturgis CA3

BACKGROUND

The information alleged Sturgis was a felon in possession of a firearm and ammunition. (Pen. Code, §§ 29800, subd. (a)(1), 30305, subd. (a)(1).) It also alleged Sturgis had a prior strike conviction. (Id., §§ 667, subds. (b)-(i), 1170.12.) Pursuant to Penal Code section 1538.5, Sturgis moved to suppress the gun and ammunition officers found in his pocket. At the suppression hearing held in conjunction with the preliminary hearing, Officer Conner Mills testified he had worked for the Sacramento Police Department for five and a half years and was assigned to the north gang enforcement team. Officer Mills reported he encountered many firearms in his job and there had been a recent trend of people carrying firearms in cross-body style satchels. On the date of this arrest, Officer Mills, Officer Derek Goetting, and Sergeant Zach Eaton were on a routine patrol in the north area of Sacramento at about 1:30 p.m. Officer Mills noticed three people (a woman, Sturgis, and a man (H.B.)) standing in front of a tire shop that was next to a nearby liquor store. H.B. was wearing a cross-body style satchel. Officer Mills testified, “As we drove past, it appeared they became fixated on…