Knight
People v. Knight
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…