LOS ANGELES, CA – Judge Shelly Torrealba here in Los Angeles County Superior Court last week denied a motion to suppress evidence for the fourth time in a case involving possession of a firearm by a narcotic addict, despite the defense arguing the arresting officer exceeded the scope of initial stop.
The arresting officer detailed his encounter with the accused on the night of the arrest. At approximately 8:45 PM, while patrolling a central area in his marked police vehicle, the officer observed a car parked in a non-parking zone, partially blocking access to a nearby restaurant. His partner ran a warrant check while the officer activated the patrol car’s lights and approached the vehicle.
The officer testified seeing the accused wearing a large, puffed jacket and noted the presence of burnt cigar/marijuana ashes in a container, a distinct smell of marijuana, and a sealed bag of marijuana visible through the vehicle’s window.
And, upon inquiry, the officer discovered the accused did not possess a valid driver’s license.
Noting multiple violations, including blocking a no-parking zone and consuming marijuana in the vehicle, the officer said they directed the accused to exit the car for a search.
The accused complied, said the officer, but requested to put his jacket back on due to the cold December night. When handing over the jacket, the officer felt an unusual weight and an L-shaped hard object in the pocket, which he suspected was a firearm.
He immediately handcuffed the accused and confirmed the presence of a firearm, which was improperly stored with ammunition in a separate location, another vehicle code violation.
During cross-examination, the Deputy Public Defender (DPD) Joseph Hovsep Kazazian questioned the necessity and scope of the search. Kazazian argued the officer exceeded the scope of the initial stop, asserting his client might have been legally parked since the officer did not ask him to move the vehicle.
He cited prior case law where marijuana in a car was deemed insufficient grounds for a vehicle search. Additionally, the DPD emphasized that the marijuana found was sealed in a bag.
The Deputy District Attorney (DDA) Ashley Beth Rosen countered by arguing the search was reasonable.
The officer’s observations included ashes and a distinct smell, indicating marijuana had been smoked in the car, adding the accused’s lack of a valid driver’s license provided sufficient cause for further investigation. The DDA also noted the search of the jacket fell under routine officer safety procedures.
Judge Torrealba ruled the officer acted reasonably based on the combination of violations, including parking in a no-parking zone, the lack of a valid license, and the presence of marijuana ashes in the car.
The judge also emphasized the importance of officer safety, especially given the accused’s unusual actions, such as removing his jacket and then requesting it back during the search.
“The safety concerns are paramount, and this was textbook officer safety concern given the unusual nature of (the accused’s) actions,” Judge Torrealba stated.
The motion to suppress evidence was denied, and the trial is scheduled for Feb. 19, 2025.
