People v. One 1948 Chevrolet Conv. Coupe

In this proceeding the People seek the forfeiture of an automobile for being used in violation of section 11610 of the Health and Safety Code. The notice of seizure and intended forfeiture (Health & Saf. Code, 11612 et seq.) was directed to Mrs. V. E. Phillips, the registered owner, Ronald Leon Phillips, her son, and the Bank of America, the legal owner. Mrs. Phillips defaulted. The bank answered, denying that the vehicle was used in violation of the narcotics laws and that any narcotic was unlawfully in the possession of any occupant thereof.

The cause was tried by the court sitting without a jury. (See People v. One 1941 Chevrolet Coupe, 37 Cal.2d 283, 300 [ 231 P.2d 832 ].) [1] Officer Brogan of the Long Beach Police Department testified that on August 3, 1953, he and Officer O'Rourke saw the vehicle parked at the curb of a city street near school grounds where no cars are ordinarily parked. They decided to investigate and found four occupants in the vehicle. Clothier was in the front seat behind the wheel (see People v. One 1951 Ford Sedan, 122 Cal.App.2d 680, 691-692 [ 265 P.2d 176 ]), Dean and DeCordova were also in the front seat, and Phillips was in the rear…