People v. Washington

Opinion

NEWSOM, J.

Appellant was convicted after a jury trial of possession for sale of cocaine (Health & Saf. Code, § 11351) and transportation of cocaine (Health & Saf. Code, § 11352). In a separate proceeding tried before the

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same jury, forfeiture of $14,930 in cash seized from appellant at the time of his arrest was ordered. Appellant has filed appeals from both judgments.

1

Appellant was arrested on October 16, 1987, by Officer David Helm of the Hayward Police Department Drug Task Force, who was “patrolling high drug traffic areas” in an unmarked vehicle with his partner, Officer Rick Gallia. At about 10 that evening, Officer Helm observed appellant exit the driver’s side of his car, which was parked by the pumps at a gas station. As appellant walked toward the cashier’s office, he was “staggering” and “very unsteady on his feet.” From the cashier’s booth, appellant walked to a nearby intersection, where he “appeared to be flagging people down.” “He was talking and moving his arms about.”

Officer Helm believed appellant might be under the influence of narcotics, so he approached and made contact. Appellant was “very hyperactive”; his pulse and speech rate were rapid; he had a “wide-eyed stare”; his pupils appeared “very dilated”; and he “constantly licked his lips.” The officer concluded that appellant was under the influence of a “controlled stimulant,” and arrested him.

Appellant was handcuffed and placed in the backseat of the patrol vehicle. On appellant’s person was found a “pager.” From under the driver’s seat of appellant’s car was seized a clear plastic baggie containing “approximately 14 grams” of a white powdery substance later determined to be cocaine. In the trunk of the car the officer discovered cash in the amount of $14,930, mostly in $20 bills or smaller denominations.

Appellant testified at trial that he did not know cocaine was in his vehicle. He had not driven the car for a few days before his arrest; it had been loaned to the brother of Michelle Gibson, with whom he lived in San Francisco. He is a commercial truck driver by occupation, and during the week drove his “White Freightliner” truck rather than his car. On the evening of his arrest, he had been at a family dinner at his sister’s house in Union City. He was returning home around 9:30 p.m., when his pager sounded and he went to the gas station to make a telephone call. It was not unusual for him to receive “beeper calls” at night as part of his trucking business. He did not stagger, wave his arms, or otherwise engage in hyperactive behavior before his arrest. Appellant admitted ownership of the cash found in the trunk of his car, much of which, he claimed, was borrowed from his uncle to finance the purchase of a new truck.