P. v. Montanez CA5
Defendant Jose Antonio Montanez was convicted of possession of a firearm by a felon, possession of ammunition by a felon, and carrying a concealed firearm in a vehicle. On appeal, he contends that the search that led to the discovery of the firearm and ammunition was unlawful because it was preceded by a detention without reasonable suspicion of wrongdoing. The People disagree, arguing that defendant consensually interacted with the officer and the officer searched defendant only after learning he was on parole. In the alternative, they argue that even assuming the officer unlawfully detained defendant, the attenuation doctrine applies and the evidence need not have been excluded. We affirm.
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