People v. Fraijo

California Court of Appeal Dec 22, 1977 No. Crim. 30505Published

Before: Thompson

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Holding. The court held that the search of the defendant's automobile trunk was supported by probable cause, as the defendant's flight, physical condition, and suspicious behavior provided specific articulable facts justifying the search.

Issues

Whether an order dismissing specific counts of an information is appealable by the prosecution.
Whether the search of the defendant's automobile trunk was supported by probable cause.

Disposition. reversed

Quotations verified verbatim against the opinion

“we conclude that the search was based upon probable cause to believe that the trunk contained contraband and hence was legal.”

“An attempt to avoid apprehension followed by observations after the fleeing automobile is stopped may furnish the additional articulable facts necessaiy for a trunk search.”

Opinion

THOMPSON, J.

This is an appeal by the prosecution from an order of

the trial court dismissing two counts of a four-count information pursuant to Penal Code section 995. The order of dismissal is based upon the trial court’s determination that evidence produced at the preliminary hearing which established probable cause to hold the defendant for trial on the two counts was the tainted product of an illegal search of the trunk of his automobile. We note at the outset that the order is appealable. Having determined that the facts of the case at bench bring it within the scope

of People

Hill

(1974) 12 Cal.3d 731 [117 Cal.Rptr. 393, 528 P.2d 1], overruled on other grounds in

People

De Vaughn

(1977) 18 Cal.3d 889, 896 [135 Cal.Rptr. 786, 558 P.2d 872], rather than

Wimberly

Superior Court

(1976) 16 Cal.3d 557 [128 Cal.Rptr. 641, 547 P.2d 417], we conclude that the search was based upon probable cause to believe that the trunk contained contraband and hence was legal. We therefore reverse the order of dismissal.

Facts

At about 1 a.m. on November 2, 1976, El Monte Police Officer Gary L. Clark saw a brown Comet run a traffic light at a speed of approximately 40 miles per hour. Clark activated the red light and siren of his marked police car and proceeded after the Comet. The driver of the Comet increased his speed. As the police car closed to about 75 yards, the Comet made a “hard right turn” to go southbound at an intersection, moving off the roadway and onto a dirt shoulder to complete the turn. Clark continued the chase. The Comet, driven at high speed, swerved to the left, braked, and made a right turn into a private driveway where it stopped.

[980]

People v. Fraijo

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THOMPSON, J.

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