People v. Jones

Opinion

HASTINGS, J.

Defendant was found guilty in municipal court of unlicensed possession of a concealable firearm (Pen. Code, § 12025) and carrying a loaded firearm in a vehicle (Pen. Code, § 12031). He appealed. The matter is before us on certification from the appellate department of the superior court (rules 62, 63, Cal. Rules of Court).

[626]

Defendant’s sole contention on appeal is that the search which revealed the weapon was unconstitutional. The facts are these: At about 10:30 p.m. on May 17, 1976, Officer Bowermaster, while on patrol, observed defendant’s car being driven without rear license plate illumination. (Veh. Code, § 24601.) He stopped defendant to advise him of the violation and asked to see defendant’s driver’s license. Defendant produced a two by three-inch photograph of himself in a police uniform. Bowermaster told defendant that was not good enough, that he needed some type of identification. Defendant produced numerous police council I.D. cards, stating that he was with the Southwest Division Police Council and that he was a clergyman. Bowermaster asked defendant for his driver’s license and his vehicle registration slip. Defendant produced a five by seven photograph of himself in a police uniform. The officer again requested defendant’s driver’s license and vehicle registration. Defendant produced them and told Bowermaster that he was a reserve policeman for the City of Los Angeles. The photographs which defendant had shown Bowermaster depicted him in an LAPD uniform, but wearing some type of badge other than a LAPD badge.

Bowermaster questioned defendant to learn if he really was a reserve officer.

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Defendant did not know such basic information as when a reserve officer works, how much they are paid, how long they have to attend the police academy, nor could defendant say when he himself had left the academy. Defendant stated that he had actually been retired from reserve officer status for four years.

Bowermaster believed that defendant might be impersonating an officer and that he might be armed. Bowermaster asked defendant if he had a weapon on his person or in the car. Defendant said that he did not. Bowermaster asked defendant to step out of his car so that he could continue his investigation. He frisked defendant but found no weapon. Because of conflicting statements defendant had made in the course of their conversation, Bowermaster suspected that defendant might be lying as to the presence of a weapon in the car. Bowermaster therefore asked if defendant minded if he checked the vehicle for weapons. Defendant said, “Not at all,” that the officer should feel free to do so. Bowermaster checked the interior of the car and the glove compartment. He found no