People v. Torralva

Opinion

CALDECOTT, J. Appellant was charged with a violation of Health and Safety Code section 11530 (possession of marijuana) and pleaded not guilty. Appellant’s motion made pursuant to Penal Code section 995 was denied, and a motion made pursuant to Penal Code section 1538.5 was denied.

By stipulation, the matter was Submitted on the transcript of the preliminary hearing and the transcript of the section 1538.5 hearing. The court, after ascertaining that the appellant understood the nature of the proceedings and that he was waiving his right to a jury trial, found appellant guilty. The appeal is from the judgment.

On June 2,1969, at 4:30 a.m., a Santa Rosa police officer investigated a 1955 Chevrolet station wagon parked outside Denny’s Restaurant. The [689]vehicle had neither a license plate nor a suspension receipt. A temporary paper license plate attached to the back window was only partially visible. There were two occupants sleeping in the rear of the vehicle. The officer awakened them and asked if either was the vehicle’s owner. They said that the owner was inside, that they were hitchhikers whom the vehicle’s owner had just picked up and that they did not know the owner personally. A few minutes later, appellant came out of Denny’s Restaurant and stated he was the vehicle’s owner. The officer questioned him concerning the vehicle’s ownership and asked for his driver’s license. The officer then asked to see the vehicle’s registration, and appellant said he would get it. Appellant opened the front door on the driver’s side and pulled down the visor. At this moment, a plastic box containing a brown substance fell from the visor, bounced off the seat and landed at the feet of the officer and appellant. The officer started to reach down to return the box to appellant, when appellant suddenly grabbed it and shouted, “This is an illegal search. You can’t have it.” At the same time, appellant stepped back, placed the box behind his back, and attempted to shove the box underneath and in back of the front seat.

His suspicions aroused by appellant’s conduct, the officer investigated further. He grabbed the box out of appellant’s hand and opened it. It contained marijuana. The officer did not have a warrant.

The record discloses the officer was investigating a vehicle which, in the early morning hours, had no license plate, no suspension receipt and whose temporary license was not readable. Prima facie the statute had been violated. (See Veh. Code, §§ 5200-5201.) Under these circumstances, the officer was permitted to require appellant, who claimed to be the owner, to produce his driver’s license and car registration. (People v. Odegard, 203 Cal.App.2d 427, 431 [21 Cal.Rptr. 515].) The detention, under these circumstances, was not unlawful. (See Cunha v. Superior Court, 2 Cal.3d 352, 355-356 [85 Cal.Rptr. 160, 466 P.2d 704]; Irwin v. Superior Court, 1 Cal.3d 423, 428 [82 Cal.Rptr. 484, 462 P.2d 12].)