People v. James

California Court of Appeal Nov 12, 1969 No. Crim. 7808Published

Before: Caldecott

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Holding. The court held that the search of the respondent's vehicle was reasonable due to suspicious circumstances suggesting auto theft, and that the respondent could be charged with possession of a firearm in jail because he knowingly possessed the weapon after his arrest.

Issues

Whether the search of the respondent's vehicle was supported by probable cause or reasonable suspicion of auto theft.
Whether a defendant can be charged with possession of a firearm in jail under Penal Code section 4574 if they were brought into the jail involuntarily.

Disposition. reversed

Quotations verified verbatim against the opinion

“In the light of the above facts a search of the vehicle was reasonable.”

“It is sufficient from the facts of this case that respondent knowingly possessed a firearm while in jail, after he had ample time to surrender it to the jailer.”

Opinion

CALDECOTT, J.

Respondent Ronald James was charged with violating Health and Safety Code sections 11911 and 11912, and Penal Code section 4574. The respondent’s motion to set aside the information under Penal Code section 995 was granted. The People appeal from this order.

Officer Dalby, of the California Highway Patrol, stopped the car driven by the respondent for speeding, and at the time noticed it did not have a current registration tag on the rear license plate. The respondent was unable to produce a driver’s license or any other identification for himself or thé registration for the vehicle. Respondent stated the vehicle belonged to his cousin, but he did not know her name. She had married. The record is not clear whether this last information was obtained at the scene of the arrest or later at the police station. The passenger in the vehicle did not have any identification in his possession. While respondent was sitting in the police vehicle Officer Dalby again asked him for identification. The officer saw the respondent hit his.pocket and heard a jingling. Officer Dalby then reached into respondent’s pocket and took some pills from the pocket. The pills were contained in a prescription bottle labeled “SOMA,” and it bore respondent’s name. This bottle contained Seconal, rather than “Soma” which is a nonprescription sleeping compound.

At this time Officer Dalby searched the vehicle for registration and “other storage information.” He testified that at this time he intended to impound the vehicle. However, he also testified that when he searched the vehicle he did not inventory the contents. The vehicle was inventoried and stored by another officer. Under the right front seat the officer found a large bottle containing 493 capsules of amphetamine.

On the morning of December 23, 1968, Officer Savage, a jailer at the Solano County jail, received a pistol from an inmate. The inmate said that he received the pistol from another inmate, Joseph Gipson. After Gipson was advised of his rights he stated that he got the gun from a man named Ronald. Officer Mortensen of the California Highway Patrol, after again

[648]

advising respondent of his

People v. James

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CALDECOTT, J.

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