P. v. Muradanes CA3
In this People’s appeal, the trial court denied a motion to reinstate a complaint charging defendant Phillip Leo Muradanes with various firearms offenses based on his possession of a loaded handgun and ammunition during a traffic stop. (Pen. Code, §§ 29900, 25850, 29800, 30305.) The complaint was dismissed after the magistrate granted defendant’s motion to suppress evidence of the handgun and ammunition based on his conclusion the traffic stop was not supported by reasonable suspicion defendant was engaged in unlawful activity.
The People argue the trial court erred in denying the motion to reinstate the complaint because the totality of the circumstances surrounding the traffic stop provided the officer with an objectively reasonable basis to suspect defendant was driving under the influence of alcohol or another impairing substance. We agree and remand the matter to the trial court with directions to grant the motion to reinstate the complaint.
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