People v. Superior Court

BROWN (Gerald), P. J.

The People petition for a writ of mandate or prohibition under Penal Code, section 1538.5, subdivision (o), to contest a superior court decision (1) concluding an arrest warrant was invalid, and (2) suppressing evidence because of the warrant’s invalidity.

About midnight, June 28, 1967, Sheriff Deputies Wigginton and Olmstead, while patrolling a high intensity narcotics area near Palm City, a few miles north of the border with Mexico,

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saw a 1950 Oldsmobile with its interior lights on, parked by a reservoir. Two people were moving around outside the vehicle, but were inside it by the time the deputies reached the vehicle to investigate. Male driver Copeland and female passenger Peterson (Real Parties in Interest) identified themselves.

Copeland- said Tom Harris owned the car, but the registration slip identified the owner as Victor Earl Harris. Suspecting the ear might be stolen, Olmstead placed a radio check on the car and its occupants. The return, about five minutes later, indicated the car was not stolen, but there might be a warrant outstanding for Copeland’s arrest. Awaiting more radio information on the warrant, the deputies asked for Copeland’s permission to search the car. According to Copeland : “I told the officer that the car had been—did belong to somebody that had been in trouble before for narcotics, yes, and, therefore, I did not want to be searched. ’ ’

He also exclaimed ‘1 Either arrest me or let me go.”

Thirty to forty minutes after learning of the possible warrant, the deputies learned there was an outstanding misdemeanor arrest warrant good for night time service on Copeland. The misdemeanor warrant for Copeland’s arrest resulted from his failure to appear for a traffic violation (Veh. Code, §40508, subd. (a)). Wigginton opened the car door, arrested Copeland and, as Copeland got out of the ear, saw a marijuana cigarette in plain view on the front seat. The deputies then searched the car and found the marijuana evidence the superior court later suppressed.

Within 20 days after a traffic violator fails to appear, after promising to appear, a warrant issues under Vehicle Code, section 40515. A computer generates the warrant. No magistrate ever sees it. A court clerk affixes a magistrate’s signature facsimile stamp and attaches an IBM bail card. The clerk sends the warrant to the serving marshal.