People v. Ipina CA1/1

Filed 7/5/24 P. v. Ipina CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A167706 v. SERGIO IPINA, (San Mateo County Super. Ct. No. 22-SF-002650-A) Defendant and Appellant.

After appellant Sergio Ipina was stopped for speeding, a subsequent pat-down search revealed he was carrying a loaded firearm concealed in his waistband. Ipina was charged with weapons-related offenses, and after moving unsuccessfully to suppress evidence, he pleaded no contest to a felony count of carrying a loaded firearm in a public place (Pen. Code, § 25850).1 On appeal, Ipina claims that the pat-down search violated the Fourth Amendment because no substantial evidence supports a reasonable suspicion he was armed and dangerous. We disagree and affirm.

1 All statutory references are to the Penal Code.

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I. FACTUAL AND PROCEDURAL BACKGROUND

On the night of February 27, 2022, an Atherton police officer pulled over Ipina for driving 55 miles per hour in a 35-mile-per-hour zone on El Camino Real. The area was dark and not well-lit. The officer approached the car and asked for Ipina’s driver’s license and proof of insurance. Ipina told the officer that his driver’s license had been stolen and provided a California identification card instead, along with insurance documentation. The officer proceeded to ask Ipina if he had smoked marijuana, to which Ipina responded that he had smoked “[e]arlier in the day.” Despite conducting two separate tests, the officer did not find “any” signs of impairment. The officer returned to his patrol car to write a traffic citation for speeding, which he left on the hood of his car. Upon his return, he shone a flashlight in Ipina’s car, which revealed on the front passenger seat a closed, black cardboard box with an image of a firearm. The box was within Ipina’s reach. The officer asked if the box contained a real firearm, which Ipina denied, explaining that it was an airsoft gun. The officer asked if there were any firearms or other weapons in the vehicle, which Ipina also denied. The officer requested permission to search the car, but Ipina declined. The officer then asked Ipina to step out of his car to sign the citation, which was on the hood of the officer’s patrol car, citing safety concerns due to the position of their vehicles and the flow of oncoming traffic. Specifically, the officer testified that he wanted to prevent his vehicle or partner from being hit by the “numerous” passing cars. Ipina complied and got out of his car. The officer observed Ipina wearing a “white baggy hoodie” that obscured his waistband and pockets. The officer testified that he found Ipina’s clothing