People v. Lyle CA3

Filed 1/30/23 P. v. Lyle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C095597

Plaintiff and Respondent, (Super. Ct. No. 20FE016122)

v.

TREVON LYLE,

Defendant and Appellant.

After the trial court denied his motion to suppress evidence, defendant Trevon Lyle pled no contest to carrying a concealed handgun, and the trial court suspended imposition of his sentence and placed him on probation. Defendant contends the trial court erred by denying his motion to suppress evidence for three reasons: (1) when police officers placed him in handcuffs immediately after detaining him, they made a de facto arrest without probable cause; (2) police lacked reasonable suspicion defendant was involved in criminal activity to justify detaining him; and (3) police lacked reasonable

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suspicion defendant was armed and dangerous to justify a pat-down search. We disagree and will affirm the judgment. I. BACKGROUND The prosecution charged defendant with the felony offense of carrying a concealed, loaded, unregistered firearm (Pen. Code, § 25400, subds. (a)(2), (c)(6)).1 At the preliminary examination, officers from the Sacramento Police Department testified about the circumstances that led to defendant’s arrest. Around 7:45 p.m., Officers Christopher Jensen and Chase Cunningham drove through a shopping center parking lot known for gang activity, illegal drug sales, and shootings. The officers were wearing their uniforms and driving a black, unmarked police SUV. Despite the lack of markings, Officer Cunningham believed the large metal bumper enhancement, the emergency lights across the front, the spotlights on the side, and the exempt license plates made obvious that the SUV belonged to the police. The officers observed a group of 10-15 people standing on the sidewalk in front of a liquor store who all appeared to notice and react to the officers driving past. Defendant, in particular, saw the officers and immediately turned away and started walking away, but in a way indicating he did not know where he was going. Because of the size of the suspicious group in front of the liquor store, Officers Cunningham and Jensen requested additional officers to help monitor the group. Sergeant Zach Eaton drove to the shopping center in plain clothes and in an unmarked police car and parked where he would have a clear view of the group. Sergeant Eaton knew at least three different gangs that frequented that parking lot, and his team had arrested gang members for illegal drug sales and illegal weapon possession in the parking