People v. Williams

HERNDON, Acting P. J. After a jury trial appellant was convicted of three counts of armed robbery and one count of attempted robbery. Three of these crimes were committed on [757]the night of July 31, 1966, and the fourth on the night of August 4, 1966, and all occurred in the same vicinity in the City of Los Angeles. All four victims of this predatory criminal identified him. His guilt was established beyond the faintest shadow of a doubt and is not questioned. His sole contention is that he “was the victim of an unlawful arrest and an illegal search and seizure. ’ ’

On August 4, 1966, at approximately 4 a.m., Officer Robert G. Rozzi and his partner Officer Albert Kakita of the Los Angeles Police Department were on patrol driving westbound on 20th Street about one-half block east of Ellendale Place in the City and County of Los Angeles. Officer Rozzi observed a vehicle with a female driving and traveling with dimmed lights southbound on Ellendale Place and then watched it stop at the intersection of Ellendale Place and 20th Street. Officer Rozzi, observing that the vehicle remained stopped at the intersection for an unusually long period of time, pulled his police vehicle in front of it. Officer Rozzi and his partner Officer Kakita got out of their police vehicle and approached the car which was standing in one of the lanes of traffic.

Officer Kakita approached the driver and Officer Rozzi approached the passenger side where appellant was seated. Officer Rozzi heard Officer Kakita ask the driver whether there was any trouble with the vehicle. Receiving no reply, Officer Kakita asked her for her driver’s license. Officer Rozzi heard the driver say that she did not have a driver’s license, that she was learning to drive and that her husband was teaching her. Officer Rozzi then asked appellant if he had a driver’s license or any identification. Appellant replied that he didn’t have a license and that he didn’t need one to teach his wife to drive. Appellant further stated that he had no other identification in his possession.

Officer Rozzi thereupon looked into the vehicle and observed various small hand tools, some of which are commonly associated with burglaries. Officer Rozzi then asked appellant to step out of the automobile. When appellant alighted from the vehicle, Officer Rozzi observed that appellant’s physical appearance matched the description of a lone robber who had robbed three pedestrians several days before. Officer Rozzi then conducted a pat-down search of appellant’s person and felt what appeared to be a wallet. Officer Rozzi again asked appellant for identification and appellant produced the wallet with two temporary driver’s licenses and two social security cards. One of the licenses and one of the social security cards