Mosley v. Superior Court
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The case involves Jameal M. Mosley, who was charged with unauthorized possession and transportation of a machine gun, being a felon in possession of a firearm for the benefit of a street gang, and being a felon in possession of ammunition. These charges stemmed from warrantless searches of Mosley's car and person, which yielded a loaded magazine and a Glock handgun with an automatic switch. Mosley filed a motion to suppress the magazine and handgun, arguing that the searches were unsupported by probable cause or reasonable suspicion.
The trial court held a suppression hearing. The Sacramento County Sheriff’s Department had received a call about a group of men creating a music video in a parking lot, with one of them holding a handgun. The officers arrived at the scene and detained all members of the group, including Mosley. They found a firearm on one of the men, D.M., and another firearm in D.M.'s car. Mosley was detained for approximately 41 minutes before his car was searched, revealing a loaded magazine. A subsequent search of Mosley's person revealed a Glock handgun with a switch. The trial court denied Mosley's motion to suppress, finding that the officers had probable cause to search Mosley's car and that the detention was not prolonged.
Mosley filed a petition for writ of mandate with the Court of Appeal of the State of California, Third Appellate District. The appellate court agreed with Mosley's argument that the trial court erred in finding the warrantless searches were supported by probable cause and reasonable suspicion. The court concluded that the officers lacked probable cause to search Mosley's car and that the detention was unlawfully prolonged. The court granted Mosley's petition, directing the trial court to vacate its order denying Mosley's motion to suppress and enter a new order granting the motion.
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