Lopez
People v. Lopez
Opinion
Opinion
Kremer, J.
Defendant Norma Lopez appeals her jury-tried conviction of possessing 14.25 grams or more of phencyclidine (PCP) for sale. (Health & Saf. Code, § 11378.5; Pen. Code, § 1203.07, subd. (a)(4).) Lopez claims unlawful search and seizure and violation of her constitutional right to due process. We find no due process violation. However, we find the challenged search and seizure were the product of an illegal detention. We thus reverse the judgment.
I
About 7:40 p.m. on October 15, 1985, Undercover Narcotics Officer Boyd and his partner saw Lopez and a companion sitting in a parked car in the parking lot of a public park in San Diego. The officers went up to Lopez’s car. When Boyd saw an open beer can in Lopez’s lap, he asked Lopez and her companion to get out of the car. After Lopez and her companion were outside the car, Boyd found a small jar containing liquid on the car’s floor on the driver’s side. After Boyd discovered the jar, Lopez said: “It’s mine. I got it from a guy down the street. It’s not water, it’s gas.” Boyd knew “water” was street terminology for PCP. He opened the jar, smelled the liquid and confirmed his suspicions it was PCP. Boyd arrested Lopez.