Knight

People v. Knight

Good Law
1971 Cal. App. LEXIS 1147·20 Cal. App. 3d 45·97 Cal. Rptr. 413
Court of Appeal of CaliforniaSeptember 17, 1971Crim. 18557California3,488 words

Opinion

Opinion

Lillie, J.

Defendant was charged with possession of marijuana (§ 11530, Health & Saf. Code); his motion to suppress the evidence under section 1538.5, Penal Code, was denied. A jury found defendant guilty as charged; he appeals from the judgment.

The evidence on the 1538.5 motion establishes the following. Around 9:10 p.m. on April 23, 1969, Deputies Kusch and Wilber, riding in a marked sheriff’s vehicle on Foster Bridge, observed a 1957 Pontiac being driven by defendant in which one Dunlap was a passenger, approaching; as the Pontiac passed the sheriff’s vehicle it turned onto Priam Drive and accelerated rapidly to 40 miles per hour in a 25-mile per hour residential zone; they stopped the Pontiac for a speeding violation. Deputy Kusch approached the passenger side and Deputy Wilber the driver’s side; the occupants appeared to be 18 or 20 years of age. The stop of defendant’s car was different from the normal stop of a vehicle for a traffic violation because of its rapid acceleration and' excessive speed on Priam—it was not a typical slow acceleration to 40 miles per hour—there had been numerous gang activities in the area and the vehicle had come from the area where gang activity…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.