Cal.2: Defendant’s having a gun sticking from pocket in a relative’s fenced yard was not possession of a weapon in a public place; detenion was without RS

A deputy detained defendant after observing him in the front yard of a single family home with a handgun protruding from his pants pocket. The only suggested suspected criminal activity was defendant’s carrying of a loaded firearm in a public place. The court held that the state failed to establish that the fenced front yard was a public place. Therefore, an officer lacked a reasonable suspicion, and the detention violated the Fourth Amendment. The evidence was that defendant’s brother resided at the house, and defendant was lawfully on the premises. The front yard was completely surrounded by wrought iron, wood, and wood-and-brick fencing that was four and one-half to five feet high. The only access to the front door was through the single gate in the fence. The area was not rendered public by visibility to the public or the fact that the gate was not locked when deputies entered. Further, the fact that gang members may have frequented the locale did not support a conclusion that the public could enter without challenge, given the documented territorial nature of criminal street gangs. People v. Strider, 177 Cal. App. 4th 1393, 100 Cal. Rptr. 3d 66 (2d Dist. 2009).

Search warrant for house would automatically permit search of a detached garage for the house, but here it was specifically included anyway. Thomas v. State, 300 Ga. App. 265, 684 S.E.2d 391 (2009).*

Defendant’s stop of his rental car was justified because the temporary tag in the back tinted window was not visible from behind the car. Wade v. State, 33 So. 3d 498 (Miss. App. 2009), rehearing denied by Wade v. State, 2010 Miss. App. LEXIS 211 (Miss. Ct. App., Apr. 27, 2010).*

The CI’s statements and the officers’ observations gave nexus between defendant’s drug dealing and his premises to justify a search of the premises. Commonwealth v. Rodriguez, 75 Mass. App. Ct. 290, 913 N.E.2d 916 (2009):

The presence of packaged inventory has multiple significance. Inventory requires storage. A residence is a far more secure storage site than an automobile. Packaged inventory also indicates enterprise. An enterprise requires instrumentalities and generates records. They are far more likely to be located in a residence than in an automobile. The value and readily fungible nature of cocaine packaged for sale make it unlikely that Hind would store his inventory in his vehicle.