People v. Briggs

California Court of Appeal Oct 13, 1976 No. Crim. No. 28201Published

Before: Kingsley

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Holding. The court held that the warrantless search of the appellants' vehicle trunk was lawful because the discovery of a large quantity of marijuana in the passenger compartment provided reasonable grounds to suspect the presence of additional contraband.

Issues

Whether the search of the driver's purse was lawful.
Whether the warrantless search of the vehicle's trunk was lawful.

Disposition. affirmed

Quotations verified verbatim against the opinion

“There was reasonable cause to search Rita Briggs’ purse”

“We cannot say, in the case at bench, that the discovery of a bag of marijuana four times as large as would normally be possessed by the “casual user” involved in Wimberly did not give rise to a reasonable suspicion that the Briggs women were dealers.”

[819]Opinion

KINGSLEY, J. Appellants pled guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). They are appealing from the judgments (orders granting probation) under the authority of Penal Code section 1538.5, subdivision (m).

Shortly after midnight on September 12, 1975, Los Angeles County Deputy Sheriff Bruce Wright was proceeding westbound on Firestone Boulevard in a marked patrol vehicle with his partner, Mike Waters, when he observed a vehicle eastbound on Firestone Boulevard two blocks away cross the double yellow line from the number one eastbound lane into the number one westbound lane. The vehicle then swerved back across the double yellow line and the number one westbound lane into the number two lane. After nearly striking the curb, the vehicle proceeded back across the number two lane in front of a vehicle in the number one lane, causing that vehicle to brake and swerve into the number two lane to avoid a collision.

As the erratically driven vehicle passed the deputy sheriffs’ patrol car, Deputy Wright made a U-tum and pursued it. His intent was to stop the vehicle to ascertain if the driver was driving under the influence. He observed the vehicle cross over the double yellow line two more times within the space of a block before effecting a traffic stop.

When the patrol vehicle’s red lights and spot light were activated, the driver failed to stop after looking over her right shoulder in the direction of the pursuing patrol car. The siren was turned on and the driver stopped in the number one lane. When Officer Waters advised the driver to turn right at the next intersection, she complied with his request and struck the curb.

As Deputy Wright approached, the driver, appellant Rita Briggs, rolled down her window and he smelled a strong odor of burnt marijuana. Her eyes were red and watery and she kept licking her lips and tongue as though they were veiy dry. Her pupils were constricted.

When Deputy Wright asked her for her driver’s license, he noted her speech was very slurred and almost unintelligible. He opened the driver’s door and asked her to step out. She tried to step out and fell on her hands and knees. Both deputies carried her to the curb where they sat her down.

[820]

People v. Briggs

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