People v. William J.

Opinion

GILBERT, J.

Here we hold that a police officer may stop the driver of an automobile if the officer has a reasonable suspicion that a passenger in the automobile has committed an offense.

Appellant William J., a minor, admitted the allegations in count I of a petition filed in juvenile court pursuant to Welfare and Institutions Code section 602, alleging he unlawfully possessed a billy, in violation of Penal Code section 12020, subdivision (a).

1

The trial court properly denied appellant’s motion to exclude evidence pursuant to section 1538.5. We therefore affirm the judgment.

[75]

Facts

On February 28, 1984, Officer Robert C. Hopkins of the Simi Valley Police Department observed Richard Dodes sitting in the back seat of a 1971 Chevrolet driven by appellant. Not more than a week earlier, Hopkins, “who knew Dodes,” had received information that Dodes had an outstanding warrant for his arrest. Hopkins testified that he received the information as a result of either the dispatcher advising him of a teletype that showed a warrant on Dodes, or of his having seen the teletype.

Although Hopkins did not know appellant, who was driving the car, and had no suspicion that he was involved in any crime, Hopkins, nevertheless, stopped the car because of his information concerning Dodes. As Hopkins approached the car he saw a brown billy fashioned from a wooden dowel in plain view on the floor, at the feet of Dodes. When Hopkins picked up the club, appellant spontaneously said that the club belonged to him, and that he used it as protection in his job as a security guard. Hopkins then called the police station and confirmed that there was an outstanding warrant on Dodes.

Discussion

The issue here must be decided according to the federal Constitution. Proposition 8, passed by the voters in the June 1982 California Primary Election, which added section 28, subdivision (d) to article I of the California Constitution, “abrogated ... a defendant’s right to object to and suppress evidence seized in violation of the California, but not the federal, Constitution.”