People v. Davis

FOX, P. J.

Defendant was convicted of violating section 11530, Health and Safety Code (possession of marijuana). He has appealed from the judgment (order granting probation).

During the early afternoon of January 19, 1960, Officer Edgar P. Brown, of the Los Angeles Police Department, Harbor Division, Narcotic Detail, had the El Nido Café,

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located in Wilmington, under surveillance because of its reputation as a source of narcotic activity. There were three well-known narcotic peddlers in the café at that time. Adjoining this café is the Park ’n Snack Restaurant. Both establishments are under the same roof and use the same parking lot. At approximately 1:40 that afternoon Officer Brown observed defendant, with two other persons in his car, drive through an adjacent alley and across the parking lot behind the El Nido Café. The officer presumed that defendant observed him at that time but did not know that he did. Defendant did not stop his car but drove out onto the highway. The police followed. They observed defendant make two left turns, a right, and then a U-turn within three or four blocks. The officer’s suspicions were aroused by reason of having seen defendant drive into the parking lot of the El Nido Café and drive out without stopping and then proceed to make so many turns in such a short distance. As a consequence, when defendant was completing his U-turn, Officer Brown and his partner, Sergeant King, pulled up alongside. Both cars stopped. Officer Brown went

to

the driver’s side. Defendant was seated behind the wheel. King went to the other side of the vehicle. Brown identified himself and his partner as police officers. Upon looking through the ear window, Officer Brown noticed there was only a single key on the dashboard—the key in the ignition. He had observed

that

drivers normally had a key ring with other keys, or a license number, or a key case attached. This circumstance, therefore, struck him as being unusual, indicating “possible criminal action”—the theft of the car. The officer asked defendant “. . . how come there was only one key ...” Defendant replied, “. . . my key chain was busted. ’ ’ The officer then told defendant “to keep his hands in sight,” and opened the door. At this point Officer Brown further testified: “Upon opening the door I had to step back. I looked in, and I noticed a brown wrapped paper cigarette next to his seat, between the seat and the door of the ear.” The officer asked the defendant what the cigarette was. Defendant replied, “I think it is a marijuana cigarette.” The officer then took possession of the cigarette and placed the defendant under arrest. Chemical analysis proved that the cigarette contained marijuana.