People v. Ireland CA1/5

Filed 12/7/21 P. v. Ireland CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A160533 v. ROD WILLIAM IRELAND, (Solano County Defendant and Appellant. Super. Ct. No. FCR344712)

This is an appeal from an order denying the motion to suppress evidence filed by defendant Rod William Ireland pursuant to Penal Code section 1538.5.1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 19, 2019, an information was filed charging defendant with possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) (count 1), possession of a firearm by a prohibited person (Pen. Code, § 29800, subd. (a)(1)) (count 2), and possession of ammunition by a prohibited person (Pen. Code, § 30305, subd. (a)(1)) (count 3). It was further alleged that defendant had one prior strike conviction (Pen. Code,

1 Unless otherwise stated, all statutory citations herein are to the Penal Code.

1

§§ 667, subds. (b)–(j), 1170.12) and had served one prior prison term (Pen. Code, § 667.5, subd. (b)). These charges stemmed from an incident in the early morning hours of April 18, 2019, at a public pier in Solano County. Deputy Sheriff Aaron Wilson was on duty in a patrol car in the vicinity of Grizzly Island Road, working with a partner, Deputy Robertson, who was in a separate patrol car. About 3:50 a.m., Deputy Wilson noticed an unoccupied car parked in the parking lot at the Red Barn Pier. He and Deputy Robertson left their cars and walked across the road toward the pier, which was open for fishing “all the time.” They could see fishing poles and a dim light, but due to plywood placed across the back of the pier the deputies could not see anyone on the pier. When Deputy Wilson walked onto the pier, he saw a male and female lying on a tarp at the north end. They appeared to be sleeping. Deputy Wilson greeted the couple with “ ‘good evening’ or something like that,” and they appeared to wake up. Deputy Wilson asked whether the male and female had fishing licenses, and they answered no. While they were still lying down, Deputy Wilson told them to reel in their lines. At that point, the male, later identified as defendant, stood up without being told to do so. As he did so, Deputy Wilson saw a handgun on the deck of the pier where defendant had been sleeping. Deputy Wilson detained defendant in handcuffs, and when defendant asked why, Wilson responded, “[F]or officer safety . . . .” Defendant then made a spontaneous statement that he was not supposed to possess the handgun because he was on probation. After being handcuffed, defendant identified himself and informed the deputies that his identification was in his car, parked in the lot next to the pier. Deputy Wilson walked defendant across the road to the backseat of his patrol car, where the deputy learned from dispatch that defendant was on