People v. Thomas CA2/6

Filed 6/28/23 P. v. Thomas CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B322270 (Super. Ct. No. BA498943) Plaintiff and Respondent, (Los Angeles County)

v.

DEVON THOMAS,

Defendant and Appellant.

Following the trial court’s denial of his motion to suppress evidence, Devon Thomas pled no contest to possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1). The court suspended sentence and placed Thomas on formal probation for two years. He contends evidence of the firearm should have been suppressed because the police officers lacked reasonable suspicion to detain him. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1 Officer Nehemiah Choe of the Los Angeles Police Department and his partner were on patrol near Van Ness and Florence Avenue shortly after midnight on September 6, 2021. The officers had been conducting extra patrols in the area due to recent violent crimes and gang activity. While stopped at a traffic light, Officer Choe saw Thomas walking on the street about 100 feet away. After spotting the patrol car, Thomas grabbed an “unknown bulge” at the front of his waistband and ran across Florence Avenue, toward an illegal marijuana dispensary shop. Thomas crossed all lanes of traffic, while holding his waistband and looking in the officers’ direction. He did not use the nearest marked crosswalk, which was approximately half a block away. Thomas stopped running after he crossed the street and began walking toward the marijuana dispensary, where gang members often congregate. The officers detained Thomas for jaywalking before he entered the dispensary. Officer Choe suspected that Thomas, who was wearing sweatpants, had been holding the front of his waistband to conceal a firearm. Based on his training and experience, Choe was aware that firearms are often illegally concealed in waistbands, particularly after dark. He had encountered firearms in waistbands approximately 50 times in his career. Once Thomas was physically detained, Officer Choe could see a bulge in his front waistband area. When Thomas reached for his waistband and pockets a second time, the officers