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REVERSED: DENIAL OF MOTION TO SUPPRESS

Claypool v. Superior Ct. Docket: C096620 (Third Appellate District), Opinion Date: December 6, 2022. Petitioner Brandon Claypool petitioned for a writ of mandate or prohibition to challenge the denial of a motion to suppress evidence and dismiss the charges. Petitioner was charged with possession of a firearm by a felon, unlawful possession of ammunition by a felon, unauthorized alteration of a firearm, and carrying a loaded firearm in a vehicle, along with an enhancement for a prior strike pursuant to the three strikes law. The evidence at issue was found in a locked glove box in petitioner’s car during a parole search of a back seat passenger. Petitioner, who was both the driver and owner of the car, was neither on searchable probation nor parole at the time. Police used a key to open the glove box and found a gun containing ammunition. The State argued the parole search of the back seat passenger permissibly extended to the locked glove box because officers could reasonably expect the parolee could have hidden contraband there after he became aware of the police. But, absent additional evidence, the Court of Appeal found the facts did not support such an attenuated inference. Therefore, the Court issued a peremptory writ of mandate and directed respondent trial court to grant petitioner’s motion.


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