Can a police officer stop a car for a traffic citation and seize a gun?

As was noted in People v. Franklin (1985) 171 Cal.App.3d 627, 633, 217 Cal.Rptr. 529, "While a traffic stop or arrest may not be used solely for the purpose of discovering evidence of another charge (i.e., to effect a so-called pretext search) ... it is recognized that a police officer is not barred from investigating an unrelated offense if the circumstances give rise to probable cause that the traffic violator is or has been involved in the commission of another crime." (Citations omitted.) In the present case, the evidence showed that prior to being stopped defendant committed two traffic violations in the officers' presence: an unsafe lane change and turning without signaling. Upon the second violation the officers activated their overhead lights signaling defendant to pull over. Immediately thereafter, and in plain view of the officers, the passenger in defendant's car threw a gun [16 Cal.App.4th 875] out the window. Clearly, the officers had probable cause to issue defendant a traffic citation at the time they signaled him to pull over. It would defy common sense to hold seizure of the gun under these circumstances was unreasonable.

Defendant's argument is based on the fact the officers were not on traffic detail but were part of a gang surveillance unit. He infers from this the officers had some hidden agenda in stopping his car. It is true the trial court commented it did not believe the traffic violations were the "only" reason the officers stopped defendant's car. However, if the officers had a "hidden agenda" it does not appear from the evidence. There was no evidence, for example, the officers suspected defendant of any crime (other than traffic violations) or that they suspected defendant was involved in any gang activity. Perhaps the officers believed in stopping defendant for the traffic violations they might "get lucky" and uncover evidence of a crime. However, numerous courts have held a traffic stop "which is reasonable based on the objective facts is not made unreasonable by the officer's subjective hope the stop might yield evidence of other crimes." (People v. Uribe (1993) 12 Cal.App.4th 1432, 1438, 16 Cal.Rptr.2d 127), (citations

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