People v. Cook

California Court of Appeal Aug 28, 1969 No. Crim. 663Published

Before: Stone

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Holding. The court held that while the police officer's impoundment and inventory search of the defendant's vehicle were lawful, the evidence was insufficient to support a conviction for possession or transportation of marijuana because there was no proof the defendant exercised conscious dominion or control over the contraband.

Issues

Whether the impoundment and inventory search of the defendant's vehicle constituted an illegal search.
Whether the evidence was sufficient to support convictions for possession and transportation of marijuana.

Disposition. reversed

Quotations verified verbatim against the opinion

“we hold that the officer acted properly in returning to the lodge to impound the car after taking defendant to the hospital, and in making an inventory of the contents of the car incident to storage.”

“the record is devoid of evidence that defendant ever exercised dominion and control over the contraband.”

“Evidence which merely raises a strong suspicion of the defendant’s guilt is not sufficient to support a conviction.”

STONE, P. J.

Defendant appeals from an order granting probation, which followed his conviction, by a jury, of possession of marijuana (Health & Saf. Code, § 11530) and transporting marijuana (Health & Saf. Code, § 11531).

About 9:30 a.m. on April 4,1968, Carl Alto, manager of the lounge at the Mount Shasta Ski Bowl, located in Siskiyou County, observed a lone automobile in a remote area of the parking lot. This attracted his attention as there was ample parking space in the area near the lodge

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he also noticed that the engine was running, although no one was visible in the car. When he prepared to leave at 5:30, the car was still parked in the same place. He investigated and found defendant lying across the bucket seats, apparently asleep. Alto attempted to rouse defendant but he w-as semiconscious and unable to talk coherently. Alto and Bob Vaughn, the Ski Bowl manager, and another employee placed defendant in a wire basket stretcher and carried him into the lodge.

Deputy Sheriff Laurence Taylor was called, and arrived about 5:55; Vaughn handed him defendant’s driver’s license and two small pill containers, labeled Elavil and Stelazine.

[972]

Defendant remained incoherent, so Deputy Taylor telephoned Dr. Geyman in Mount Shasta and asked about the effect the pills would have on a person. Dr. Geyman said the drugs were tranquilizers, normally prescribed for people under psychiatric treatment, and that an overdose would induce semiconsciousness, and possibly death. He advised Taylor to immediately take defendant to the county hospital at Yreka for medical attention.

By that time it was snowing hard and there was “a high, strong wind”; Taylor knew the road down the mountain was covered with snow for at least 3 or 4 miles, which made travel dangerous. He therefore made only a “real quick check” of the automobile. He saw two plastic containers with a granular substance in them, a blue dish or cup on the passenger seat, and some pills on the floor. The trunk lid was open and snow was blowing inside onto a suitcase, which he removed to the patrol ear and then was able to close the trunk. He locked the ear, a two-seat convertible with a snap-on top, and left the keys with Mr. Vaughn so the car could be moved out of the way of a snow plow. After telling Vaughn he would return the next day to pick up the car, Taylor took defendant to the Yreka Hospital.

People v. Cook

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STONE, P. J.

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