People v. Lewis

POX, P. J.

Defendant was convicted of violating section 11530 of the Health and Safety Code, a felony (possession of marijuana). He has appealed from the judgment, the orders denying (1) his motion for a new trial, and (2) his application for probation.

On the evening of September 28, 1959, Officers Curatalo and Black, of the Los Angeles Police Department, were patrolling the El Serreno area northeast of the Los Angeles Civic Center. Officer Black was driving the police car with its lights off. Officer Curatalo knew that numerous burglaries had recently been committed in the immediate vicinity of Multnomah and Soto Streets. The officers’ supervisor had directed them to be on the alert for that particular crime. The main purpose of the officers in patrolling that area was because of the previous burglaries.

At approximately 10:30 p.m., the officers were driving westbound on Multnomah Street when Officer Black observed an Oldsmobile make a U-turn and turn off its headlights. The officers saw the car enter a driveway into a gasoline station on the corner of Multnomah and Soto Streets. The gasoline station was closed and there were no lights on. Officer Curatalo observed the Oldsmobile, with its lights still off, pull to the center of the station alongside the business office. At that time the, officers drove into the station and turned on their headlights. At that instant the Oldsmobile’s headlights were turned on and it rapidly drove out of the station and away from that area. The officers pursued. They stopped the Oldsmobile shortly thereafter with the aid of their red lights and siren because they believed defendant to be a burglary suspect. The Oldsmobile, which was being driven by defendant, abruptly pulled over to the curb and, while the car of the officers was rolling to a stop, the door on the driver’s side of the Oldsmobile opened and defendant “sprang out” of the car, nearly falling to the ground, and rapidly walked toward the officers. Officer Curatalo immediately got behind defendant and Black stood in front of him. Officer Curatalo proceeded to “frisk” him for offensive weapons. Defendant had on a very thick, heavy jacket. As Officer Curatalo’s right hand passed over defendant’s right jacket pocket, defendant “automatically grasped” his hand,

[375]

preventing the officer from further examining an object which he felt in defendant’s pocket. The officer thereupon ‘1 yanked ’ ’ his hand free from defendant’s put his hand into defendant’s pocket, and pulled out a bag that felt very light. He asked defendant what was in the bag. Defendant mumbled a few words, and then stated that it was seed for his parrot. He later said, “Well, I might as well tell you. It is weed [marijuana] that I got in Hawaii about three months ago.” Defendant further told the officer that there was about twice as much as that in the bag when he got it but he didn’t know what happened to the other half.