People v. Knight

In People v. Knight (2004) 121 Cal.App.4th 1568, the Court held the prosecution failed to meet its burden of showing officers had proper justification for stopping and searching the defendant, and reversed the trial court's denial of the defendant's motion to suppress. The Court rejected the trial court's interpretation that section 12031 could be violated by a defendant carrying a loaded weapon in any public place. (Knight, at p. 1575.) Applying the principles of statutory construction, we determined section 12031, subdivision (a)(1) "prohibits carrying a loaded firearm on one's person or in a vehicle: (1) while in any public place in an incorporated city; (2) while on any public street in an incorporated city; (3) while in any public place in a prohibited area of unincorporated territory; or; (4) while on any public street in a prohibited area of unincorporated territory." (Knight, at p. 1576.) In Knight, the prosecution presented no evidence that the place or street where the defendant possessed the loaded firearm was in an incorporated city or a prohibited area of an unincorporated territory as required by section 12031. The arresting officer testified he did not know whether there were any county ordinances that prohibited the discharge of a firearm in the area where the defendant was detained, searched, and arrested. (Knight, supra, 121 Cal.App.4th at p. 1574.) Instead, the prosecution argued section 12031 prohibited carrying a loaded weapon in any public place, an argument we soundly rejected. (Knight, at pp. 1574-1576.)