People v. De Leon

BROWN (Gerald), P. J.

Jose Valdez De Leon, convicted of possessing marijuana (Health & Saf. Code, § 11530), appeals from a probation order deemed a final judgment (Pen. Code, § 1237) imposing a $100 fine plus $10 penalty assessment and other conditions of probation.

■ About 4 a.m., December 25, 1966, in nearby Otay, Chula Vista Police Patrolman Haskins saw 19-year-old De Leon with three 16-year-olds in a parked ear with all its windows rolled up. Haskins approached the vehicle. As the driver rolled down his window Haskins smelled a strong odor of alcohol coming from inside the car. Deputy Sheriff Staninger arrived and asked driver De Leon “Do you mind if I search the car?” “Go ahead,” De Leon answered. Staninger found four marijuana cigarettes in the ear’s trunk. De Leon’s right front jacket pocket contained marijuana debris.

De Leon contends that in requesting permission to search the car Staninger should have told him he had a right to refuse permission. A request for permission to search implies a choice of granting or refusing the request, and does not require a warning that consent might be refused

(People

v.

Roberts,

246 Cal.App.2d 715, 729 [55 Cal.Rptr. 62];

People

v.

Chaddock,

249 Cal.App.2d 483, 485-486 [57 Cal.Rptr. 582] ; see also

People

v.

Campuzano,

254 Cal.App.2d 52, 57 [61 Cal.Rptr.

695]; People

v.

Dahlke,

257 Cal.App.2d 82, 87 [64 Cal.Rptr. 599];

People

v.

Richardson,

258 Cal.App.2d

[157]