People v. Patterson CA3

Filed 1/22/14 P. v. Patterson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C072256

Plaintiff and Respondent, (Super. Ct. No. 12F03027)

v.

DINETTE EUGENE PATTERSON,

Defendant and Appellant.

Defendant Dinette Patterson was convicted of being a felon in possession of a firearm. During a traffic stop for a Vehicle Code violation, the police found a gun in his passenger’s purse. On appeal, defendant contends the trial court erred in denying his motion to suppress the evidence because: (1) the People were estopped from arguing that he did not have “standing” to challenge the search of the purse; and (2) the search of the purse was not supported by probable cause. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND On April 26, 2012, Officer Mark Callaghan of the Sacramento Police Department was on patrol with Officer Scott Hall when they passed a vehicle driving with “dark window tinting in the . . . front windows.” Because tinted front windows violate the Vehicle Code, Officer Callaghan stopped the vehicle. In addition to the driver, the car contained a male passenger in the front seat and a female passenger in the backseat. After the driver verbally identified himself as Dinette Patterson (defendant), the officers returned to their patrol car to do a records check. The check showed defendant was on probation and was driving with a suspended license. Both officers then reapproached the vehicle, Officer Callaghan on the driver’s side and Officer Hall on the passenger’s side. As Officer Hall “got near the . . . rear area of the passenger side [of the] car,” he observed movement within the car. He saw defendant “lean a little bit towards his right” and “turn[] slightly” while the rear passenger “appeared to reach out with her right arm as to give or receive something.” As the rear passenger’s arm “came back,” a gold colored purse was visible in her left hand. Officer Hall could not “tell what, if anything, was passed.” Meanwhile, or shortly thereafter, Officer Callaghan returned to the driver’s side of the car and informed defendant they would be doing a probation search. Defendant said he was not on probation. Officer Callaghan stated, “we are going to do a probation search and you need to put your hands behind your head.” Officer Callaghan saw defendant make “an eye movement towards the front passenger and then towards the back passenger [¶] . . . [¶] . . . almost like he was signaling or illustrating something.” Defendant then put his hands behind his head. Officer Callaghan removed defendant from the car and placed him in handcuffs. Officer Hall told both passengers to exit the vehicle. As the female passenger stepped out of the car, she picked up her purse. Officer Hall told her three times to set her purse down before she finally “left her purse and stepped out of the vehicle.” When