People v. Miles

Opinion

JEFFERSON, J. The People appeal from an order of the superior court granting the motion of defendant under section 995 of the Penal Code to set aside an information charging defendant with possession of marijuana. The motion was submitted on the transcript of the preliminary hearing at which a police officer was the single witness.

Officer House related that, on the night of December 27, 1968, at about 10:30 p.m., he and his partner were on patrol in a marked police vehicle when they observed a panel truck traveling westbound on Carson with a “very loud exhaust.” They proceeded after the vehicle and stopped it for the apparent equipment violation. While his partner approached the driver’s side of the truck to talk to the driver, Officer House walked over to the passenger side. He looked inside at the two passengers who were both sitting in the front seat. Defendant was one of the passengers. She was sitting in the middle. The driver and the other passenger were both males. Defendant and the male passenger looked “very young.” Defendant looked [327]about 16 or 17 years old. Officer House was aware that in this area there were “many runaways.” Under similar circumstances, about a week before he had found a young female runaway in the company of two men. He was suspicious that defendant might also be a runaway. While his partner was talking to the driver of the car, Officer House asked defendant and the young man for identification. Both stated they had no identification. In response to questioning about their ages, defendant replied that she was 19 and the male said he was 18. Defendant appeared “extremely nervous.”

Officer House then asked them both to alight from the car and again asked them for some form of identification. Again they stated that they did not have any identification. The officer saw that defendant was holding a purse which appeared “quite full.” He asked her if she had any identification in it. Defendant stated that she “didn’t believe so.” Whereupon the officer asked her, “Do you mind looking?” Defendant stated “No” or “Sure, I’ll look” and opened the purse. As she fumbled around inside the open purse, the officer observed that there was a cellophane bag in it which contained a green leafy substance resembling marijuana. The cellophane bag was near the top of the purse partially hidden by a pack of cigarettes and defendant’s hand. The car was stopped in a McDonald’s drive-in parking lot and the "area where they were standing was well lighted. Officer House had no trouble seeing the bag. He was directly in front of defendant and about two feet away at the time. The officer took possession of the bag and its contents and arrested defendant for possession of marijuana.