People v. Davis

California Court of Appeal Nov 5, 1963 No. Crim. 7953Published

Before: Wood

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Holding. The court held that the officers had reasonable cause to stop the vehicle for investigation and that the subsequent observation of a marijuana cigarette in plain view did not constitute an illegal search, thereby justifying the arrest.

Issues

Whether the officers had reasonable cause to stop the vehicle for investigation.
Whether the officer's observation of the cigarette through the car window constituted an illegal search.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Under the circumstances herein, the officers were justified in stopping the automobile.”

“The stopping of an automobile for investigation purposes is not an arrest.”

“Observing the cigarette under such circumstances was not a search.”

WOOD, P. J.

Defendant was accused of unlawfully possessing marijuana. The information also alleged that he had been convicted previously of violating section 11500 of the Health and Safety Code, a felony. In a non jury trial he was adjudged guilty, and the allegation of prior conviction was found to be true. He appeals from the judgment.

Appellant contends that there was no reasonable cause for the arrest.

On April 22, 1961, about 12:30 a.m., Officer Pacheco saw defendant in the left rear seat of a 1951 Plymouth two-door “blue over gray” automobile which was traveling west on 120th Street near Avalon Boulevard in Los Angeles. There were three other male Negroes in the automobile. This officer and his partner (another police officer) were looking for a 1950 or 1953 dark Plymouth automobile which had been used, by three male Negroes, in a purse-snatching within the previous week or two. The snatching had occurred at a place which was approximately 10 blocks from the place where the officers observed defendant on April 22. The partner-officer had given to Officer Pacheco information, such as above related, regarding the purse-snatching, and he also said that the Plymouth automobile which they were then observing might well be the one used in the snatching and that they should check it out. Then (on April 22) the officers pursued

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the 1951 Plymouth and, after ordering the driver to stop, the Plymouth was stopped on Bast 120th Street. Officer Pacheco went to the driver’s side of the automobile and requested the occupants to get out. At that time he observed the defendant Davis in the left rear seat in a hunched over position. After the four occupants were out of the automobile, the other officer searched them for weapons. Then Officer Pacheco, while standing by the window outside the automobile, flashed a light inside the automobile for the purpose of looking for the black leather purse which had been snatched. While so looking into the automobile he saw a cigarette on the left rear part of the floor, which cigarette, according to his testimony, appeared to be a marijuana cigarette. He (officer) marked the cigarette with his initials. The defendant was arrested. The officers did not have a search warrant or an arrest warrant.

It was established that the cigarette (exhibit 1) contained marijuana.

People v. Davis

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WOOD, P. J.

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