People v. Moray

FOURT, J.

This is an appeal from a judgment of conviction of possessing marijuana.

In an information filed in Los Angeles County on June 11, 1962, defendant was charged with possessing marijuana on May 21, 1962. A plea of not guilty was entered and a jury trial was waived and defendant found guilty as charged. Proceedings were suspended and probation was granted for three years, a part of the terms of probation being that defendant pay a fine of $500 plus a penalty assessment.

A résumé of some of the pertinent facts is as follows:

Officer Weisehart of the Los Angeles Police Department attached to traffic enforcement was on duty on March 21,

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1962. On that date the officer saw the defendant driving an automobile westbound on Franklin Avenue in the curb lane approaching the intersection of La Brea Street. There is a posted boulevard stop at the mentioned intersection and defendant failed to stop for the sign and made a left turn around another left-turning vehicle. The defendant proceeded southbound on La Brea and made a right turn at the intersection of Franklin (there was an offset in Franklin Street at that time and place). As the defendant started to make his right turn the officer turned on the red light on his motorcycle, made a U-turn and drove his motorcycle slightly to the left and rear of the defendant’s automobile and, while both vehicles were in motion, the officer asked the defendant to pull over to the curb. The defendant “drove toward the curb and parked at the first available parking space. ’ ’

The officer testified: “As we approached the curb, I observed him to raise his right shoulder as if he were reaching in his pocket, and then lean towards the right hand seat. He appeared to make an effort to keep his head pointed straight ahead at this time.” The officer estimated that the movement referred to was made when he was “approximately 15 to 20 feet behind his [defendant’s] vehicle.” The officer stated: “I couldn’t see his [defendant’s] hand, no, sir, I just saw the general motion.” He didn’t know whether the defendant’s hand went under the seat or not. The officer parked his motorcycle to the rear of defendant’s car, approached the driver’s window and asked defendant for his operator’s license. The officer testified, “I believe he got an operator’s license out of the glove compartment or some receptacle in the vehicle and handed it to me.” Thereupon the officer asked the defendant “what he had hidden underneath the seat” and the defendant answered “nothing.” The defendant was directed to get out of his car and stand to the rear of the vehicle. The officer commenced a search of the automobile and testified that he found a small package under the front seat. The package contained marijuana. At the time and later the defendant denied any knowledge of what the package contained or how it got there.