People v. Benz

Opinion

ROUSE, J. Defendant Robert George Benz, also known as Robert George Evans, was charged by information with several counts of possession of controlled substances, in violation of sections 11350 and 11377 of the Health and Safety Code. He pleaded not guilty and moved to suppress the evidence which formed the basis of the charges. The trial court granted his motion, in part, and dismissed all counts. The People filed a timely notice of appeal.

At approximately 1:30 a.m. on August 9, 1982, Officer Metcalf of the San Rafael Police Department observed a vehicle proceeding erratically in the City of San Rafael. Officer Metcalf pulled the vehicle over and conducted a roadside test with the driver, defendant Benz. Defendant performed the test unsatisfactorily, and Officer Metcalf placed him under arrest for driving under the influence of alcohol, in violation of section 23152 of the Vehicle Code. Because he had neither a driver’s license nor any other form of identification, Officer Metcalf also placed defendant under arrest for driv[486]ing without a license, in violation of section 12951, subdivision (a), of the Vehicle Code. When defendant refused to take any alcohol test, Metcalf transported him to the Marin County Jail.

During the course of a conversation between Officer Metcalf and defendant, which took place prior to the arrest, defendant stated that his name was Robert George Evans, that he was a longtime resident of San Rafael, and that he lived at 1322 La Brea Way (later correcting his address to 1323 La Brea Way.) Officer Metcalf radioed his dispatcher and was informed that no Robert George Evans on La Brea Way had ever been issued a California driver’s license.

At the jail, defendant decided to take a breath test and the results were negative. Officer Metcalf testified that he then sought to verify defendant’s identity so that he could release him with a citation for driving without a license. However, during the course of Officer Metcalf’s subsequent efforts, not only was he unable to verify defendant’s identity through the DMV computer, but learned that the address which defendant had given to him did not exist.

Upon further questioning by Officer Metcalf, defendant again stated that he had a driver’s license under the name Robert George Evans and that he lived at 1323 La Brea. At this point, Officer Metcalf booked defendant for giving false information to a peace officer, in violation of section 31 of the Vehicle Code, as well as driving without a license. During the booking process, defendant was asked to hand over all of his personal property, including his belt and shoes. As defendant took off his right boot and brought it up to the counter, the following items spilled out: 10 methamphetamine tablets, 7 amphetamine capsules, a plastic bag containing .20 grams of heroin, a bindle containing .03 grams of cocaine, a bindle containing .29 grams of ethyl morphine, and a vial containing .04 grams of methamphetamine.