People v. Brown

Opinion

REPPY, J.

In an information filed by the District Attorney of Los Angeles County defendant was charged in count I with possession of marijuana, a violation of section 11530 of the Health and Safety Code, and in counts II, III and IV with possession of restricted dangerous drugs, pentobarbital,

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seconal and amobarbital, respectively, violations of section 11910 of the Health and Safety Code.

A motion pursuant to section 1538.5 of the Penal Code was denied. In a nonjury trial defendant was found guilty as charged in count IV of the information, possession of amobarbital, and not guilty of counts I, II and III. This appeal is taken from the judgment (order granting probation), defendant contending that the evidence on which he was convicted was the product of an illegal search and seizure.

Statement of Facts

At about 4 o’clock in the afternoon on March 16, 1969, Los Angeles Police Officer David T. McGill, who with Sergeant Wissman was in a marked police vehicle westbound on 48th Street, observed a late model Corvette eastbound on 48th Street going approximately 60 miles per hour in a 35 mile per hour zone. Defendant was the driver. He had a passenger, codefendant Evans (not involved in this appeal). The officers were in plain clothes. Officer McGill tried to note the license number of defendant’s car, as his assignment that particular day was to check in that area for grand theft auto. Officer McGill at that time did not have any special reason to believe that defendant’s car in particular was stolen. He was checking all cars in the area. Officer McGill made a U-turn to pursue the Corvette in order to check its license number.

Officer McGill observed defendant enter the intersection of 48th Street and Arlington against a red traffic light, make an abrupt stop in the intersection, look, along with Evans, in Officer McGill’s direction, then accelerate the Corvette rapidly through the rest of the intersection, still against the red light, and proceed westbound on 48th Street. Officer McGill also went westbound on 48th Street.

At some point during the chase, Officer McGill was able to discern the license number, and “broadcast” it. However he did not hear a response, if one was issued, as to whether it was a stolen car because of the noise and his rate of speed. Apparently, for the same reason, he did not check the sheets within the vehicle to determine if the car was stolen.