People v. Harris

California Court of Appeal Aug 27, 1986 No. A029735Published

Before: White

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Holding. The court held that the officer's interaction with the appellant constituted a consensual encounter rather than an illegal detention, as the officer was performing a welfare check and the appellant was not restrained. Consequently, the officer's request for the appellant to exit the vehicle and subsequent inquiry regarding drug use were lawful.

Issues

Whether the appellant was illegally detained prior to his admission of drug use.
Whether the officer's request for the appellant to exit the vehicle constituted a seizure under the Fourth Amendment.
Whether the officer was required to provide Miranda warnings before asking the appellant if he had ingested drugs.

Disposition. affirmed

Quotations verified verbatim against the opinion

“we are of the opinion that no detention occurred when the officer asked appellant to get out of the car.”

“The officer was not required to give appellant his Miranda rights before he asked appellant if he were on any drugs. Appellant was not in custody”

Opinion

WHITE, P. J.

Defendant and appellant Craig Robert Harris appeals from the judgment of the Superior Court of Santa Clara County entered after appellant pled guilty to a violation of Health and Safety Code section 11550, subdivision (b) (under the influence of PCP). Appellant contends on appeal that he was unlawfully detained.

Appellant’s Penal Code section 1538.5 motion was based on the evidence taken at the preliminary hearing; accordingly, the following statement of facts is taken from the preliminary hearing transcript. Officer Chavarria was a San Jose police officer who was on patrol around 1:50 a.m. on January 13, 1984. He was flagged down by an adult citizen in another car. The person told him there was a vehicle that did not belong in the neighborhood on Yerba Buena Avenue. When the officer approached the car, he observed appellant lying back on a reclined seat, unconscious with puffy eyes and a red face.

The officer knocked on the window and said, “‘Mister, can you please wake up.’” After the officer banged continuously on the door, appellant finally woke up. Officer Chavarria asked appellant to get out of his vehicle “to make sure that he was okay and just check on his well being.” When appellant stepped out of the car, he lost his balance and started falling toward the rear of the vehicle, but the officer was able to catch him.

[1321]

When Chavarria saw appellant asleep in the vehicle and when he lost his balance upon getting out of the vehicle, the officer had not decided to arrest appellant. In an effort to ascertain if appellant was able to care for himself, the officer asked appellant if he were on any drugs. Appellant admitted to having ingested cocaine and PCP. At this point the officer handcuffed appellant and asked if he could search his vehicle. Appellant said yes. The officer found a joint and a half in appellant’s pockets. Another joint was found in the car and another at the time appellant was booked at jail.

The question for this court to resolve is whether in fact appellant was illegally detained at any time before his admission that he had ingested PCP and cocaine. The California Supreme Court in

Wilson

People v. Harris

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WHITE, P. J.

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