People v. Lind CA3

Filed 10/19/21 P. v. Lind CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C091348

Plaintiff and Respondent, (Super. Ct. No. 19FE007388)

v.

CALEB RAY LIND,

Defendant and Appellant.

Sheriff’s deputies searched a backpack found inside the car in which defendant Caleb Ray Lind was a passenger. The deputies discovered two guns and ammunition. After his motion to suppress the guns and ammunition and subsequent Penal Code section 995 motion were denied, defendant pled no contest to two counts of carrying a concealed firearm in a vehicle. On appeal, defendant contends the search of the backpack was illegal. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On April 24, 2019, Sacramento County Sheriff’s Deputy Ryan Trapani and his partner deputy Garth Keffer initiated a traffic stop of the car in which defendant was a

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front seat passenger. The driver of the car was on probation so the deputies conducted a probation search of the car, which included a backpack they found at defendant’s feet. Inside the backpack, the deputies found two loaded guns and a loaded magazine. The People charged defendant with two counts of carrying a concealed firearm in a vehicle. Defendant filed a motion to suppress. On August 14, 2019, the magistrate held a hearing on the motion along with the preliminary hearing. Sheriff’s Deputies Ryan Trapani and Garth Keffer testified at the hearing. The deputies testified they were driving on a public road in an unmarked patrol car when they observed a car with a cracked windshield traveling opposite them. Because a cracked windshield is a violation of the Vehicle Code, they “turned around to initiate a vehicle stop.” As the deputies approached the car, however, the car picked up speed and drove “down some side streets.” Based on the increase in speed and the number of turns the car made, Deputy Trapani believed the person driving the car was trying to evade them. When the car did stop, it stopped quickly, which Deputy Trapani interpreted to mean the driver “was stopping to park his vehicle and not be stopped by us; hopefully not seen, as in hopefully we didn’t see them stop so in an effort to evade, basically.” At that point, Deputy Trapani turned on the patrol car’s overhead lights and dashboard camera; they did not activate a siren. Wearing a “modified uniform with a tactical vest that has police written on the front and back,” Deputy Trapani got out of the patrol vehicle and approached the driver’s side of the other car. He immediately recognized the driver of the car to be a “known probationary gang member” of the East Side Piru street gang (Piru gang). Deputy Trapani noted they were in Piru gang territory and the driver was wearing a red sweater, the color associated with the Piru gang. Deputy Trapani also noted a red backpack on the front passenger floorboard, between defendant’s feet. He observed the backpack was within the driver’s reach and it was positioned with the top facing up but zipped closed.