People v. Bay
Annotate this CaseA deputy noticed an SUV parked illegally near a popular overlook with three people in it. Bay, whom the deputy knew from prior contacts, stated that he did not have identification and provided a false name. Knowing that Bay was on postrelease community supervision, subject to search terms, the deputy asked him whether he had any guns, knives, drugs, or any other weapons. Bay said, “Not that I know of.” The deputy conducted a pat search and felt a wallet in Bay's pocket. Bay admitted that the wallet contained identification in his real name. Before searching the SUV, the deputy asked Bay again whether there was any contraband. Bay admitted there was marijuana in a backpack. The backpack was directly behind the center console, accessible by all occupants of the car. The deputy found marijuana, a loaded gun in a case, ammunition, a lock pick set, a bong, and a hypodermic needle. A knife was in the driver's door console. An evidence technician found no usable fingerprints. The SUV belonged to a passenger's recently-deceased boyfriend. Bay was convicted as a felon in possession of a firearm and ammunition and of possessing burglary tools and giving false information to a peace officer. The court of appeal reversed Bay’s conviction for possession of burglary tools because the special jury instruction on that offense prejudicially omitted the element of felonious intent. The court otherwise affirmed; the contraband was in Bay’s constructive possession.
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