Mercurio

On Sunday night, March 16, 1969, at approximately 11:30 p.m., appellant was walking eastbound on Hollywood Boulevard in Los Angeles. He started across the intersection of Las Palmas Avenue, against a traffic signal which showed “Don’t Walk.” He walked eastbound halfway across the intersection, then turned to his companion and motioned for him to follow. When his companion did not do so, appellant turned completely around and continued across the intersection, walking backwards. A police officer observing all of this placed him under arrest for violating Vehicle Code, section 21456, subdivision (b), i.e.: starting to cross against the signal.

Appellant was unable to produce any identification on request, so was arrested and transported to the police station pursuant to Vehicle Code, section 40302, subdivision (a). Before any actual booking (Pen. Code, § 7) took place, he was ordered to remove his clothes which were then searched. A vial of marijuana and a package of “Zig Zag” brand straw papers were found in his pants pockets and he thereupon was placed under arrest for violation of Health and Safety Code, section 11530 (possession of marijuana).

An information was filed…