People v. Nieto

FLEMING, J.

Omar Hinojosa Nieto was convicted of possession of dangerous drugs for sale (Health & Saf. Code, § 11911), and has appealed.

About 3 :30 in the morning, Officers Hernandez and Dunagan, Los Angeles police, saw a ear stopped in Breed Street, ‘ ‘ causing a traffic hazard. ’ ’ The car’s headlights were on, and its motor was running. The area was one in which drug offenses were frequently committed. The officers noticed a second ear across the street. A man named Garcia stood near it, speaking to its driver, Hungary. In Hungary’s hands was a white paper sack. Garcia’s hands were cupped, as if he were receiving something from the sack. After glancing towards the officers, Garcia started to walk back to the first car. The officers got out of their car, and asked Garcia to return to Hungary’s car. As Officer Hernandez approached that ear, he noticed that its left vent window was broken. Then he saw appellant in the left rear seat of the ear apparently stuffing

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something behind the seat cushion. There were two other men in the car who appeared to have passed out. Officer Hernandez ordered the car’s occupants out. As the driver pushed a dormant companion aside and emerged from the car’s one usable door, a white paper sack fell to the ground and broke, disgorging numerous pills and capsules “resembling those of dangerous drugs.’’ While appellant was getting out Officer Hernandez saw a bottle containing pills in the space where the rear seat had been pulled forward. Officer Dunagan frisked the men and found a roll of pills in appellant’s pocket. Officer Hernandez then told them they were under arrest. A multitude of pills and capsules, all of which proved to be dangerous drugs, was found in the car.

Appellant testified the car was parked in front of his home, where it had taken him from a dance. He was in the right rear seat, and knew nothing about pills in the car. Two of his companions corroborated his story.

Appellant contends the evidence against him was obtained as a result of an illegal search, and in any event was insufficient.

The officers quite reasonably decided to investigate what was going on in and around the car. The hour, the neighborhood, the apparent transfer of something, the equivocal conduct of Garcia, and the broken vent window (car thieves often break these windows), together justified further inquiry. (See,