P. v. Stoney CA2/6
John Stoney, Jr. appeals an order of probation granted after his nolo contendere plea to carrying a concealed firearm. (Pen. Code, § 25400, subd. (a)(2).) We conclude that the trial court properly denied Stoney’s motion to suppress evidence, and affirm.
This appeal concerns legal justification for the warrantless search of Stoney’s backpack following his detention for possession of methamphetamine and drug paraphernalia. At a hearing to exclude evidence of a firearm found inside the backpack, the prosecutor asserted that a police officer searched the backpack incident to Stoney’s arrest. At the time of the search, the backpack was inside a residence and Stoney was detained outside. The trial court rejected that legal justification, however, and decided that exigent circumstances justified the warrantless search.
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