P. v. Bell
Defendant Walter Bell, who admitted to police he was drinking from an open container in public, was arrested and searched. A loaded firearm was found in his pocket. He had prior felony convictions, and he was charged with being a felon in possession of a firearm, in violation of Penal Code section 12021.[1] His motion to suppress was denied, and he was subsequently found guilty as charged by a jury.
On appeal, defendant renews his claim the firearm should have been suppressed because his detention was unduly prolonged and the patsearch was illegal. He also argues the trial court’s refusal to instruct the jury on lawful possession of a firearm by a felon in self-defense was error, and that he is entitled to additional presentence credits under the latest amendment to section 4019. We find that defendant’s detention was not prolonged, and that the police had probable cause to arrest him for drinking in public when they patsearched him. We also find the trial court was not required to give defendant’s requested instruction, given the evidence adduced at trial, and we reject his interpretation of section 4019. Accordingly, we affirm.
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