People v. Murphy

Defendant Michael Harold Murphy was convicted in superior court of possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)) based upon a negotiated plea of guilty following a denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. Imposition of sentence was suspended and Murphy was placed on probation for three years. Murphy appeals his conviction contending the court erred in refusing to suppress the contraband which was found on his person pursuant to a search by the arresting officer.

Facts

At approximately 1:30 a.m. on February 28, 1979, San Diego Police Officer Ray Bowling was on duty when he saw a Plymouth station wagon pull out of a downtown parking lot and go north on Third Avenue. He noticed the station wagon did not have a front license plate and the rear Massachusetts license plate did not have a current validation sticker. Bowling followed the station wagon for a few blocks while he ran a radio check to see if the vehicle was reported as stolen. He learned it was not. When the station wagon turned onto E Street, Bowling stopped it. Upon request, the driver, Murphy, produced a valid Nevada driver’s license; however,…