People v. Dominguez

Opinion

ABBE, J.

The sole issue presented by this appeal is whether the police had sufficient information to temporarily stop and detain appellant when he

[1317]

was driving an automobile. We find the detention was permissible under the Fourth Amendment and affirm his conviction of possession of heroin for sale (Health & Saf. Code, § 11351) in an amount over 14.25 grams (Pen. Code, § 1203.07, subd. (a)(1)).

Officer Johnson of the Port Hueneme Police Department had recently been told by a department detective that a male Mexican driving a described pickup truck was being investigated for selling heroin. While on patrol on May 5, 1986, he saw a pickup matching the description with a lone male driver. He radioed the license plate number to a dispatcher and requested a warrant check.

The dispatcher notified Johnson that a misdemeanor arrest warrant had been issued on the possible driver of the vehicle. The officer then stopped appellant and asked him for his license. Appellant instead produced a California identification card.

Officer Johnson then requested the name of the person on the arrest warrant which was cross-referenced to the vehicle plate. He was informed the person’s name was that of a woman. He was then told a separate arrest warrant, not cross-referenced with the license plate, was out on appellant. Appellant was arrested on that warrant. A search during booking revealed the heroin which was the basis of his conviction.

Whether an unknown driver of a vehicle can, consistent with the Fourth Amendment, be briefly stopped to determine if he or she is a person wanted on an arrest warrant, or if not, whether he or she knows the whereabouts of that person is similar to the question recently answered in the affirmative by the United States Supreme Court in

United States

v.

Hensley

(1985) 469 U.S. 221 [83 L.Ed.2d 604, 105 S.Ct. 675] (hereafter

Hensley).