Montoya

Defendant appeals from an order granting probation, 1 which was entered after he pleaded guilty to possession of phencyclidine (PCP) (Health & Saf. Code, § 11377, subd. (a)). Defendant’s sole contention is that he should have been given his Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) warnings prior to the questioning which led to the discovery of the PCP. 2 We affirm.

On May 4, 1979, about 11:30 p.m., in San Jose, Police Officer Byron Smith, who was in uniform and driving a marked vehicle, saw defendant’s car run a red light. Smith stopped the car, intending to cite *809 defendant for that offense. Smith approached the driver’s side of the car and asked for defendant’s license. When defendant said he had none, Smith asked for the registration certificate. As defendant opened the glove compartment to get the registration, Smith observed a clear plastic bottle of white tablets, smaller than aspirin, fall out. Defendant caught the bottle and immediately threw it back into the glove compartment. Based on his training in narcotics observation, the officer thought the bottle might contain amphetamines. He asked…

I concur.

Concurring generally with my esteemed colleagues’ opinion, I respectfully withhold my approval of its last paragraph.

Any question asked by a policeman of anyone, might lead to evidence of crime. Paraphrasing the opinion, I feel a certain uneasiness about its dicta suggesting a rule calculated to deny the increasingly criminally victimized public the right to further investigation of crime upon accepted Miranda and other constitutional standards, except at the cost of exposing every motorist stopped, as here, for a minor traffic violation, to the frightening litany of a Miranda warning.

Appellant’s petition for a hearing by the Supreme Court was denied December 30, 1981.

Defendant appeals from an order granting probation, [1] which was entered after he pleaded guilty to possession of phencyclidine (PCP) (Health & Saf. Code, § 11377, subd. (a)). Defendant's sole contention is that he should have been given his Miranda ( Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) warnings prior to the questioning which led to the discovery of the PCP. [2] We affirm.

On May 4, 1979, about 11:30 p.m., in San Jose, Police Officer Byron Smith, who was in uniform and driving a marked vehicle, saw defendant's car run a red light. Smith stopped the car, intending to cite defendant for that offense. Smith approached the driver's side of the car and asked for defendant's license. When defendant said he had none, Smith asked for the registration certificate. As defendant opened the glove compartment to get the registration, Smith observed a clear plastic bottle of white tablets, smaller than aspirin, fall out. Defendant caught the bottle and immediately threw it back into the glove compartment. Based on his training in narcotics observation, the officer thought the bottle might contain amphetamines. He…