People v. Steeples

[995]

Opinion

HERNDON, J.

Defendant appeals from the judgment (order granting probation) entered following a nonjury trial that resulted in his conviction of possessing dangerous drugs in violation of Health and Safety Code section 11910.

He contends that: “(1) The court erred in finding probable cause to arrest appellant under section 647(f) of the Penal Code.

[1]

(2) The court erred in allowing admission of evidence of contraband obtained in violation of appellant’s constitutional rights against unlawful search and seizure.”

The Evidence Supports the Finding That Appellant Was Arrested with Probable Cause

Officer Ronald L. Quagliana of the Los Angeles Police Department testified that at approximately 1 a.m. on December 3, 1969, he observed appellant walking with a “rather unstable” gait and leaning on adjoining buildings for support as he walked and during his frequent stops. Appellant proceeded only about 30 yards during the one or two minutes that he was under observation.

Upon approaching appellant and asking him for identification, the officer observed that his eyes were bloodshot and watery and that his speech was slurred. The officer also detected a strong odor of alcohol on appellant’s breath. The officer testified that on the basis of his observations, he concluded that appellant was drunk in a public place and unable to care for himself or his property. He thereupon placed appellant under arrest for that crime.

The evidence unquestionably supports the trial court’s determination that Officer Quagliana had probable cause to arrest appellant under the provisions of Penal Code section 647, subdivision (f).

(People

v.

Robinson,

62 Cal.2d 889, 894 [44 Cal.Rptr. 762, 402 P.2d 834];

People