Farley
People v. Farley
Opinion
Opinion
Lillie, J.
Defendant was charged with possession for sale of a restricted dangerous drug (Health & Saf. Code, § 11911). Her motion to suppress evidence under section 1538.5, Penal Code, was submitted on the transcript of the testimony taken at the preliminary hearing, and denied. Thereafter the cause was submitted on the same transcript and defendant was found guilty as charged. She appeals from the judgment.
Around 10:20 a.m. on December 5, 1970, plain clothes Officers Sisak and Anderson, assigned to the investigative bureau (narcotics patrol) and driving an unmarked police vehicle, observed a Volkswagen proceeding at “a high rate of speed” in a residential area in which the posted speed limit was 25 miles an hour; they clocked the vehicle at 35 to 37 miles an hour; they also noticed that the brake lights did not work when the car stopped and that it did not have a front license plate. After following the Volkswagen for a few blocks they activated the police red and spot lights and directed it to pull over; defendant was the driver. Officer Anderson proceeded to the driver’s side and Officer Sisak to the passenger’s side of the vehicle. Officer Anderson asked defendant for her…