P. v. Rivers CA3
Police pulled over defendant Jermaine Rivers for a vehicle infraction in front of his home. Codefendant Kevin Khem, who was on searchable postrelease community supervision (PRCS), was defendant’s passenger. After defendant said Khem slept on his couch and kept some of his belongings in defendant’s room, police searched defendant’s home and found a firearm inside a dresser in defendant’s bedroom.
Defendant moved to suppress the gun, arguing that the search of his bedroom dresser exceeded the scope of Khem’s PRCS search condition. After both the preliminary hearing magistrate and the trial court denied his motion to suppress evidence (Pen. Code, § 1538.5), defendant pleaded guilty to being a felon in possession of a firearm (§ 29800, subd. (a)(1)) and admitted a strike prior (§§ 1170.12, subd. (b), 667, subd. (d)). The court sentenced him to four years in state prison.
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