Harris

Defendant and appellant Craig Robert Harris appeals from the judgment of the Superior Court of Santa Clara County entered after appellant pled guilty to a violation of Health and Safety Code section 11550, subdivision (b) (under the influence of PCP). Appellant contends on appeal that he was unlawfully detained.

Appellant’s Penal Code section 1538.5 motion was based on the evidence taken at the preliminary hearing; accordingly, the following statement of facts is taken from the preliminary hearing transcript. Officer Chavarria was a San Jose police officer who was on patrol around 1:50 a.m. on January 13, 1984. He was flagged down by an adult citizen in another car. The person told him there was a vehicle that did not belong in the neighborhood on Yerba Buena Avenue. When the officer approached the car, he observed appellant lying back on a reclined seat, unconscious with puffy eyes and a red face.

The officer knocked on the window and said, “‘Mister, can you please wake up.’” After the officer banged continuously on the door, appellant finally woke up. Officer Chavarria asked appellant to get out of his vehicle “to make sure that he was okay and just check on his well…