Williams v. Superior Court

TAMURA, J.

Petitioner was charged with possession of marijuana, (Health & Saf. Code, § 11530) and possession of dangerous drugs for sale (Health & Saf. Code, § 11911). Following a denial of a motion pursuant to section 1538.5 of the Penal Code to suppress as evidence certain contraband taken from his car, petitioner seeks a writ of mandate directing the superior court to order suppression of the evidence.

The motion to suppress was submitted on the transcript of the preliminary examination. The evidence adduced at that hearing may be summarized as follows:

At approximately 10 p.m. Officers Cox and Oden of the Vice and Narcotics Detail of the Riverside Police Department were driving along Magnolia Avenue in an unmarked police unit equipped with a spotlight and bearing “E” series plates. Both officers were in plainclothes. As the officers were crossing the intersection of Magnolia and Terraeina Drive, the light having just turned green, a Volkswagen with two persons in the front and one in the back seat approached from the rear and to the right of the officers. As the Volkswagen pulled even with the officers, the occupants looked over towards them and the passenger in the rear ducked out of view. The Volkswagen then slowed down rapidly and dropped back of the officers. The officers pulled over to the right lane in front of the Volkswagen and slowed down. The Volkswagen remained behind the police unit for approximately five blocks and did not pass until the officers reduced their speed to 20 miles per hour. The posted speed in the area was 35 miles per hour. The officers followed the Volkswagen until it pulled into a parking lot at which point the officers flashed their spotlight on it and the’ vehicle stopped in a parking stall.

The officers approached the Volkswagen and noted that the person in the back seat appeared to be under the influence of alcohol or drugs. The officers requested the occupants to get out so they could check the person in the back. When all the

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occupants got out of the vehicle, Officer Cox noticed a red capsule lying on the passenger side seat, in clear view, which in his opinion was a seconal pill. Defendant and his companions were all placed under arrest. A subsequent search of the Volkswagen revealed a quantity of marijuana and 68 seconal capsules.