People v. Leos

California Court of Appeal Sep 19, 1968 No. Crim. 14026Published

Before: Nutter

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Holding. The court held that the officers had reasonable grounds to stop and frisk the appellant for weapons based on his evasive conduct, and that the appellant's subsequent admission provided probable cause for his arrest and the search of his pockets.

Issues

Whether the trial court erred in denying the motion to suppress evidence obtained during a search and seizure.
Whether the officers had probable cause to arrest the appellant.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A defendant’s evasive and irregular tactics may give the police reasonable grounds to pursue and halt him for investigative purposes.”

“if the investigation reveals probable cause to make an arrest, the officer may arrest and conduct a reasonable incidental search.”

“It was not until the appellant said the bulge was “weed” that the officer actually reached into appellant's pocket and removed the contraband.”

NUTTER, J. pro tem.

Appellant was charged with possession of marijuana, a violation of section 11530 of the Health and Safety Code. Six priors were alleged. Appellant personally and all counsel waived trial by jury. Appellant was found guilty as charged. The fifth and sixth prior convictions alleged were found to be true, and the other prior convictions were found not to be true. Appellant was sentenced to be imprisoned in the state prison for the term prescribed by law.

Appellant contends that the trial court erred in failing to grant his motion to suppress because the marijuana seized was obtained during an illegal search and seizure; the statement of defendant was induced by an arrest without probable cause.

On January 12, 1967, at approximately 1:40 a.m., Officer Lavold and Officer Vandervalle were driving in an unmarked police vehicle eastbound on Pico. Officer Lavold observed a person with dark clothing walking in a northwesterly direction across Kenmore Street, between Pico and 15th Street, which is the next street south. This person was the only person on the street at the time, and the area was a high frequency burglary area. Officer Lavold instructed Officer Vandervalle to drive around the block, and he did.

As they arrived at the corner of 15th and Kenmore, Officer Lavold observed a person walking across the lawns of the residences of the 1400 block South Kenmore on the left side of the street. At this time, the person disappeared between some houses. There was no walkway or doorway to those houses. Officer Lavold alighted from the police vehicle and walked on the sidewalk to the driveway, which is between 1325 and 1401 South Kenmore. As he looked down the driveway, he saw the same person walking in a northerly direction in the back yard. This person looked in Officer Lavold’s direction and at that time Officer Lavold turned his flashlight on him and stated, “Police officers. Stop.”

The person immediately broke and ran in a northerly direction. Officer Lavold pursued on foot. As he reached the back yard, Officer Lavold observed the person throwing down

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items on the ground. The first item was a pair of men’s black leather gloves, and the second item thrown was a small, two-cell flashlight.

People v. Leos

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