People v. Wasley

DRAPER, P. J.

A jury found defendant guilty of possession of a sawed-off shotgun (Pen. Code, § 12020) and of being a convicted felon in possession of a concealable firearm (Pen. Code, § 12021). He was sentenced to concurrent prison terms on the two counts, and appeals.

At about 2 a.m. on a March day in 1965, appellant was a passenger in a car driven by one Crane. Officers in a patrol ear saw the vehicle go through a red light, saw that its rear license plate was affixed by but one bolt, and had no 1964 or 1965 tab. They stopped the ear. The front license plate was missing. Crane produced a driver’s license bearing a description which did not at all fit him. He then produced another identification in another name, and gave confused explanations of the discrepancies. An officer noted that the trunk of the ear appeared defaced, and its lock punched. An out-of-state license plate was seen partially protruding from under the front seat. The officers arrested both occupants, called a patrol wagon, and searched the car. The patrol wagon arrived while the search continued. Apparently following its arrival, the officers

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found that a guitar case on the rear seat contained a sawed-off shotgun. A pistol was found under the front seat on the passenger's side. Defendant had been convicted of a felony.

Defendant testified that he did not know the guns were in the car, and Crane, who had pleaded guilty, corroborated him, saying the weapons were his.

Although the sufficiency of the evidence is not challenged, we have reviewed it and find it ample to show that appellant knew of the presence of the weapons and at least shared in their possession.

Appellant argues that there was no reasonable cause to arrest. The mere recitation of the facts disposes of the contention.

The principal argument is that the search, although incident

to

the arrest, was not reasonable because there is no showing that, once the occupants were arrested, there was any possibility of their using weapons or destroying evidence. We find no decision suggesting such a restriction upon search, and see no reason to add one.