P. v. Aleqabi CA6
Following the denial of his to Penal Code section 995 motion challenging the magistrate’s denial of his motion to suppress and pursuant to a plea agreement, defendant Mohammed Ghassan Aleqabi pleaded no contest to two misdemeanors: (1) a violation of Health & Safety Code section 11357, subdivision (a), (possession of not more than 28.5 grams of cannabis, or not more than four grams of concentrated cannabis) (count 4) and (2) section 25400, subdivision (a)(1), (carrying a concealed firearm in a vehicle) (count 5). On appeal from the grant of probation, defendant challenges the denial of the section 995 motion. (§ 1538.5, subd. (m).) Defendant now argues that his initial detention was not based on reasonable suspicion since urinating in a deserted parking lot at midnight is not criminal, the detention was unduly prolonged, and his consent to search the vehicle was obtained beyond the time reasonably necessary to effectuate the stop.
Comments on P. v. Aleqabi CA6