P. v. Ellis CA2/7
This case turns on whether Deputy Gilbert Lozano detained Matthew Ellis or knew he was on parole before Ellis dropped a knife that ultimately led to his conviction for carrying a concealed dirk or dagger. The trial court concluded Deputy Lozano and Ellis engaged in a consensual encounter before Ellis dropped the knife “simultaneously” with his admission he was on parole. We conclude that Deputy Lozano detained Ellis without reasonable suspicion, and did not have advance knowledge Ellis was on parole, before Ellis dropped the knife. Therefore, because law enforcement obtained the knife as a result of an illegal detention, we reverse the judgment and remand to the trial court with directions to grant Ellis’s motion to suppress evidence of the knife.
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