People v. Goff CA1/2

BACKGROUND

On November 12, 2019, the Sonoma County District Attorney filed a five-count complaint charging Goff with: felony possession of an unregistered firearm (§ 25850, subd. (c)(6); count 1); felony possession of metal knuckles (§ 21810; count 2); misdemeanor possession of burglar’s tools (§ 466; count 3); misdemeanor possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4); and misdemeanor possession of a controlled substance, heroin (Health & Saf. Code, § 11350, subd. (a); count 5). The charges stemmed from the evidence seized during a traffic stop, in which Goff was ordered out of his vehicle and subjected to warrantless searches of his person and his vehicle. On August 3, 2020, and August 28, 2020, Goff filed motions to suppress evidence pursuant to section 1538.5. On September 2, 2020, the magistrate heard the suppression motions and denied them. On July 15, 2021, the court held a preliminary hearing. At the conclusion of that hearing, the court dismissed count 3 (misdemeanor possession of burglar’s tools) and count 5 (misdemeanor possession of heroin), and held Goff to answer the remaining counts.

2 Because we dismiss the…