Brewer v. Superior Court
A151584
| Cal. Ct. App. | Nov 6, 2017Background
- On Sept. 1, 2016 Richmond police approached a parked van; petitioner Lamonte Brewer was seated in the rear. Officers drew weapons and ordered occupants out after Brewer ducked down while they approached.
- Detective Calderan found a loaded Glock under the rear of the driver’s seat during a subsequent search; the front passenger was the registered owner.
- At the preliminary hearing Brewer moved to suppress the gun; the magistrate denied the motion, concluding Brewer lacked a reasonable expectation of privacy in the vehicle, and held him to answer on three gun-related counts.
- Brewer renewed suppression in a Penal Code section 995 motion; the trial court concluded the initial detention lacked reasonable suspicion but denied suppression on the ground Brewer lacked standing to challenge the vehicle search.
- Brewer petitioned for a writ of mandate. The Court of Appeal concluded a passenger may challenge evidence as the fruit of an unlawful detention even if he lacked a privacy interest in the searched vehicle, and issued a peremptory writ directing the trial court to vacate its order and conduct further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a person who lacks a reasonable expectation of privacy in a searched vehicle may move to suppress evidence as fruit of an unlawful detention | Brewer: he was unlawfully detained and the gun should be suppressed as fruit of that detention | People: Brewer lacked standing to challenge the vehicle search, so suppression was improper | Court: A passenger may challenge evidence as fruit of an unlawful detention even without a privacy interest in the vehicle; remand for further proceedings |
Key Cases Cited
- Rakas v. Illinois, 439 U.S. 128 (1978) (standing for Fourth Amendment challenge requires reasonable expectation of privacy)
- Brendlin v. California, 551 U.S. 249 (2007) (passenger is "seized" in a traffic stop and may challenge the stop's legality)
- People v. Superior Court (Cooper), 114 Cal.App.4th 713 (2003) (standards for appellate review of magistrate's denial of suppression and section 995 review)
- People v. Koury, 214 Cal.App.3d 676 (1989) (questions of standing where facts undisputed reviewed de novo)