SAN FRANCISCO — During a June 30, 2026, hearing in Department 11 of the San Francisco Hall of Justice, Officer Jesus Perez acknowledged under questioning that he did not advise the accused of his Miranda rights before questioning him after the discovery of a firearm.
The accused was charged with carrying a loaded firearm. Officer Perez explained that he came into contact with the accused during a traffic stop.
During the stop, Officer Perez asked the driver for his license. When the driver refused, Officer Perez searched police records and found that the driver had a suspended license.
Officer Perez also testified that when he looked into the car, he recognized two passengers. Based on prior knowledge, Officer Perez believed that one of the passengers was on probation and subject to a warrantless search condition.
Officer Perez then searched the name of the passenger he recognized in the police database and confirmed that the passenger was subject to a warrantless search condition as part of probation. Officer Perez then requested an additional unit, which arrived shortly afterward.
Officer Perez continued, explaining that he ordered the passengers out of the vehicle. Officer Perez asked the accused whether he had anything on his person, to which Officer Perez said the accused “mumbled an answer.” When Officer Perez asked again, he received no response. Officer Perez then began the search and found a handgun in the accused’s waistband.
The accused was then placed in handcuffs while Officer Perez further examined the firearm. According to Officer Perez, the firearm “appeared to be loaded,” and it was “not visible” when the accused’s shirt was down. Officer Perez then asked the accused about the gun’s registration.
While Officer Perez was explaining his actions, Deputy Public Defender Klement objected to the testimony, citing Miranda and questioning whether the accused had been advised of his rights before Officer Perez began asking him questions.
Judge Matthew Kahn then sought clarification from Deputy District Attorney Austin Weiss. Officer Perez responded, “Was he Mirandaized? No.”
However, Officer Perez confirmed that the accused had been placed under arrest at that time, despite not having been advised of his Miranda rights.
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