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Date: 11-15-2024
Case Style:
The People of the State of California v. D.S.
Case Number: FJ48101
Judge: Christina L Hill
Court: Superior Court, Los Angeles County, California
Plaintiff's Attorney: Los Angeles County, California District Attorney's Office
Defendant's Attorney:
Description:
Los Angeles, California criminal defense lawyer represented the Defendant charged with possession of a firearm by a minor.
During the evening on November 30, 2022, Officer Farias and two others from the Los Angeles Police Department were on patrol in a gang "stronghold." Farias had been previously involved in "multiple firearm[] arrests" in the area. He observed a vehicle partially blocking a street, making it difficult for cars to get by. The vehicle also lacked a front license plate, a violation of the Vehicle Code. Farias saw "a lot of smoke coming from inside the vehicle." There were two people inside the vehicle, a driver and a passenger.
"Upon seeing [them]" Farias saw the passenger "kind of awkwardly tuck down, like slide down the seat." The passenger slid down "just enough for [Farias] to barely be able to see his head." Farias then stepped out of his patrol car because "it caught [his] attention" and he believed the passenger possibly had "contraband or something." He believed the passenger was attempting to hide, stating, "Upon seeing the police, . . . people don't usually slide down trying to conceal themselves." He said it was "rare" for someone to "try to actually conceal themselves from us." At the motion to suppress hearing Farias identified the passenger as D.S.
Farias immediately smelled "freshly smoked marijuana" when he exited the patrol car. He and another officer approached the passenger side of the vehicle, and Farias illuminated the inside of the vehicle. Farias said D.S.'s hands "appeared to be shaking, like he was nervous." He asked D.S. to step out of the vehicle. As soon as D.S. stepped out Farias immediately saw a firearm on the floorboard on the passenger side where D.S.'s feet had been. Farias said he "was able to see [the firearm] clear as day." Another officer conducted a pat down of D.S. and located what felt "like loose rounds" in his pocket.
In denying the motion to suppress, the juvenile court indicated that it had listened to Officer Farias's testimony and watched his body-worn camera video. It stated, "I do think it was a routine stop with a basis to do so with the no license plate and the partial blocking of the road." D.S. then admitted the charge. The court sustained the section 602 petition, declared the offense a misdemeanor, declared D.S. a ward of the court, and placed him on home probation.
People v. D.S. (In re D.S.), 2d Juv. B332259 (Cal. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: