People v. Herrera

Opinion

THOMPSON, J.

This is an appeal from an order of probation entered on defendant’s plea of guilty to a charge of possession of marijuana after her motion to suppress evidence pursuant to Penal Code section 1538.5 was denied. Defendant contends that: (1) disclosure of the marijuana is the result of a detention without established cause which was unduly prolonged while the police checked by radio for the existence of outstanding warrants; and (2) the disclosure of the contraband is the result of her not having been afforded the opportunity to post bail on a traffic warrant found to be outstanding against her. Compelling precedent requires rejection of her first contention. The second is contrary to the record.

We recite the record in the light most favorable to the determination of the trial court resolving all issues of credibility and accepting all reasonable inferences accordingly. (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §245.)

On December 24, 1973, Officer Randall Zink of the Baldwin Park Police Department was called to the scene of a burglary at the Western Auto store near Main and Ramona. When he responded to the call Zink saw three vehicles drive from the scene. One was a blue “ ‘66 Chevy” with chrome wheels driven by defendant, and another a “ ‘65 or ‘66 white Chevy pick up.” The third vehicle was stopped leaving the area of the store and found to contain a stolen “T.V.” Zink personally “took the burglary report.”

At 2:20 a.m. of January 14, 1974 Zink, while on patrol, saw the “ ‘66 Chevy” with chrome wheels and the “white ‘65 Chevy pick up” in the immediate area of the burglarized store. Defendant was driving the white “Chevy” with chrome wheels. Ruben Morales was driving the pickup. Zink caused the pickup to stop and defendant stopped the Chevy voluntarily, about 50 feet in front of the pickup. Zink motioned defendant to come over so that he could talk to her because the vehicle

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which she was driving was “possibly related to the burglary” and he “wanted to obtain, information as to who she was.” He intended to complete a field interrogation card.

Zink asked defendant for identification. She told him who she was and gave an address. Zink “ran a routine warrant check” and ascertained that there was a “traffic warrant” outstanding against defendant. He advised defendant of the traffic warrant and placed defendant under arrest. Zink told defendant that the bail on the traffic warrant would be $64. Defendant gave $30, her only money except for change, to Morales. Asked by Zink if she had money to post bail, she said she did not. Zink, told Morales that he could post $64 as bail to secure the release of defendant. Morales had no money except for the $30.