People v. Bowens

FOX, P. J.

Defendant was convicted of violating section 11530, Health and Safety Code (possession of marijuana). He was also charged with a prior conviction for violating section 11500, Health and Safety Code. The prior conviction was found to be true. Defendant has appealed from the judgment.

On August 2, 1962, at approximately 8:50 p.m., Officer Ward of the Wilshire Division of the Los Angeles Police Department, observed defendant seated in a 1962 Chevrolet

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that was parked in front of 3058 West 12th Street. This was the address of the apartment house in which defendant lived. The car partially blocked the driveway and the rear of the vehicle extended out into the traffic lane about three or four feet. This 1962 ear bore a 1956 Delaware dealer’s license plate but without any current tab.

Defendant was in the right front seat of the Chevrolet. A man named Robinson was behind the steering wheel.

Officer Ward had arrested defendant approximately six weeks prior to that time for possession of narcotics. The officer had found him in possession of marijuana. On that occasion the officer had been in defendant’s apartment, No. 202 at the above address.

Officer Ward was driving the police ear. His partner was Officer Kilgo. The police ear stopped alongside the Chevrolet. Ward got out, walked to the rear and approached the right-hand side of the Chevrolet. The officer identified himself. Defendant immediately emerged from the Chevrolet. The officer talked to him “regarding the prior arrest and whether he was still using or carrying narcotics.” Defendant said, “No.” The officer asked him: “Do you mind if I cheek you?” The officer also indicated he was interested “to see if he had any marks on him.” Defendant apparently did not make any audible reply but immediately “put his arms out sideways from himself—not straight up—extended sideways and a little above horizontal. ’ ’ The officer first patted or checked his lower pockets from the outside. When the officer did that, defendant did not make any objection or say anything. The officer then patted his upper pockets. As to this incident the officer testified; “After feeling something in his upper left coat pocket, I reached in there.” Defendant still did not say anything or make any objection. The officer removed two hand-rolled cigarettes from this pocket. They appeared to be marijuana cigarettes and subsequent analysis established that they were. Defendant acknowledged that the cigarettes belonged to him but denied that he was selling marijuana. He claimed that he bought them for his own use. Defendant was thereupon arrested.