People v. Williams

(1) Convicted of possessing marijuana (Health & Saf. Code, § 11530), defendant Warren Williams appeals on the meritorious ground there was insufficient cause for deputy sheriffs to approach the car he was in, investigate and detain him (People v. Moore, 69 Cal.2d 674 [ 72 Cal.Rptr. 800 , 446 P.2d 800 ]; People v. Superior Court, 3 Cal.3d 807 [ 91 Cal.Rptr. 729 , 478 P.2d 449 ]; Remers v. Superior Court, 2 Cal.3d 659 [ 87 Cal.Rptr. 202 , 470 P.2d 11 ]). The prosecution rested its court-tried case on the preliminary transcript.

At about 8:40 p.m., on February 24, 1970, San Diego County Deputy Sheriffs Gary Fisher and Ronald Schweitzer drove into a paved rest area connected with Highway 80 near Alpine, California. The area had no lighting facilities. A few cars were in the rest area, perhaps three. The officers’ attention was attracted to a Ford when its lights came on. As their own headlights shone on the Ford while they approached it from the rear, the officers saw Williams, one of three persons in the car, occupying the passen ger seat on the right, turn and look in their direction. Williams returned to “his original position and bent forward, almost out of our view.” He…