Evans

Defendants appeal from a conviction of possession of marijuana for sale. (Health & Saf. Code, § 11530.5.)

Facts

Shortly before midnight on May 24, 1971, Sheriff Deputies Varro and Smith saw a van traveling at about 55 to 60 miles an hour in a zone with a posted speed limit of 35 miles per hour. They stopped the van. It appeared that Garvas was the driver and Evans the only passenger. Deputy Smith approached Garvas, while Varro went to the passenger side. As he approached Evans, he saw him faced “toward the rear . . . and moving about.” Evans’ back was turned toward him. Varro tapped on the rolled-up window on the passenger side. Evans rolled it down. Varro asked him for identification. At that time he noticed an “extremely strong smell of alcoholic beverage.” It smelled like wine. There was no alcohol on his breath, Varro believed the smell of alcohol was too strong to be coming from one or two persons. He asked Evans to step out of the vehicle. He suspected that there was an open container of an alcoholic beverage in the van. (Veh. Code, § 23123.) Apparently at about the same time as Varro asked Evans to step out of the vehicle, he also requested him to pull back a…