People v. Griffith

[950]

Opinion

THE COURT.

This is an appeal by the People (Pen. Code, § 1238, subd. (a)(7)) from an order dismissing an information which charged defendant with possession of marijuana (Health & Saf. Code, § 11530), following the granting of defendant’s motion to suppress evidence (Pen. Code, § 1538.5).

Officer Dukeslaw of the Los Angeles Police Department and his partner were on patrol in a black and white police car at about 4:35 p.m., August 19, 1970. Dukeslaw, who was driving south on Valencia, observed defendant driving a 1958 Chevrolet north on Valencia in a lawful manner. The lower two-thirds of the right windwing of the Chevrolet was broken. The opening was large enough to admit a hand. Dukeslaw’s partner ran a check of the license number of the Chevrolet. It came back “no want.” Dukeslaw nevertheless stopped defendant’s car to investigate the possibility that it was stolen. Upon approaching the car, Dukeslaw observed dismantled phonograph parts and numerous tools, primarily pliers and screwdrivers, on the back seat, the front seat and the floor. These objects led Dukeslaw to suspect the possibility that defendant might be a burglar. Dukeslaw asked defendant to get out of the car. The officer conducted a patdown search for offensive weapons. He felt a long hard object in defendant’s left front pocket which he believed to be a pocket knife or other weapon. Dukeslaw asked defendant what the object was; defendant said, “nothing.” Dukeslaw then reached his hand halfway into defendant’s pocket and retrieved the object which turned out to be a screwdriver. As Dukeslaw withdrew the screwdriver, he also, unintentionally, removed a small conical-shaped spring along with it. Inside the spring was a hand rolled marijuana cigarette which formed the basis for the instant prosecution.

The trial court, in granting defendant’s motion to suppress, indicated it believed the officer’s testimony as set forth above. The threshold question on this appeal is, of course, whether the officer was justified initially in stopping defendant’s car.

While it is well established that circumstances short of probable cause for making an arrest may warrant a temporary detention for purposes of investigation

(Terry