People v. One 1952 Chevrolet Bel Aire

This is a procedure to forfeit the defendant vehicle under section 11610, Health and Safety Code, because of its use in unlawfully keeping, depositing and concealing narcotics. John R. Skinner, the sole owner of the defendant vehicle, answered and appeals from the judgment of forfeiture pronounced on that basis.

On October 11, 1952, at about 1:55 a. m., the occupants of the defendant car got in conflict with two San Francisco police officers who warned them that their very slow driving (5 miles an hour) impeded traffic on Market Street. One of the officers testified that when their car was alongside the defendant car he saw the appellant, who was in the driver’s seat, make a movement leaning to the left-hand side or the driver’s side of the ear; it seemed that he more or less slumped in the driver’s seat of his auto and leaned toward the left-hand side of the car; he then immediately got up again. At the preliminary hearing no mention was made of this movement. There were two other young men in the car, one in the right front seat, one in back. All three occupants were searched and nothing found on their persons, but directly under the driver’s seat on the left-hand side at the…