People v. One 1964 Chevrolet Corvette Convertible

WOOD, P. J. This is an action for the forfeiture of an automobile which allegedly was used in violation of section 11610 of the Health and Safety Code (using vehicle for unlawful transportation or possession of narcotic). Irving Busch, the registered owner of the automobile, filed an answer to the People’s Notice of Seizure and Intended Forfeiture Proceedings. The verdict was in favor of the defendant. The court granted plaintiff’s motion for a new trial “on the ground of insufficiency of the evidence.” Defendant appeals from that order.

In lieu of a reporter’s transcript there is an “Agreed Statement On Appeal. ’ ’

Irving Busch was at all times mentioned in the statement the registered owner of the Corvette automobile involved herein. Prior to October 13, 1964, Irving delivered possession of the automobile to his minor son, Frederick, who thereafter possessed and used it with the consent and permission of the owner. On October 12, 1964, in the evening, while Frederick was driving the automobile in Los Angeles on Sunset Boulevard east of Bel Air, the automobile “ran out” of gasoline. Frederick asked two police officers for assistance, and the officers used their car to push the Corvette automobile to the curb near the intersection of Carolwood and Sunset Boulevards, where Frederick parked it in a red parking zone. The officers then took Frederick in their ear to the “Bel Air Main Gate” so that he could telephone for assistance. Thereafter (about 10:30 p.m.), Frederick obtained a ride from the main gate to his place of employment which was “several miles east on Sunset Boulevard. ’ ’ While on the way to that place he passed the parked Corvette.

About 1:30 a.m., on October 13, two officers, other than [426]those who had assisted in parking the Corvette, saw the Cor- . vette 1 ‘illegally parked” in the red parking zone (the officers who had assisted in the parking went off duty at midnight). They (other two officers) looked into the Corvette and saw a “billy club” protruding between the bucket seats. They “did not see any registration displayed, ” and they noticed that New York license plates were on the Corvette. They opened the unlocked doors, searched the Corvette, and found a bag which “was clearly visible, both from within and without” the Corvette. The bag contained 15 measured “half cans” of marijuana wrapped in wax paper. In a tool kit between the seats, they found another bag containing about 20 “unused” marijuana cigarettes.

While the officers were preparing “impound forms” (about 2:15 a.m.), Frederick came to the Corvette with a can of gasoline, and told the officers that the car had run out of gasoline earlier that evening. When they showed the billy club to him and asked whether it was his, he replied in the affirmative. When they showed the marijuana to him, he denied that it was his, and he also denied that he knew it had been in the Corvette.