P. v. Gudino CA2/3
Following the denial of his renewed motion to suppress, defendant Victor Jonathan Gudino pled no contest to felony possession of a firearm by a juvenile offender. On appeal, defendant contends evidence of the shotgun seized from the trunk of his car should have been suppressed as the fruit of an unlawful warrantless search. The People initially argued the search was justified under the inventory search, search incident to arrest, and automobile exceptions. In a supplemental brief, the People concede the search was not justified under the search incident to arrest or automobile exception, but maintain the search was valid under the inventory search exception. Because there is insufficient evidence to justify the warrantless search of defendant’s car under any of these exceptions, we reverse defendant’s conviction and remand for further proceedings.
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