Nonnette

Factual and Procedural Background

William and George Nonnette and two juveniles were arrested in Sacramento after a police officer found rock cocaine in a clutch purse in their car.

At the preliminary hearing, George made a motion pursuant to Penal Code section 1538.5 to suppress evidence found during a warrantless search of the car on the basis the officer lacked probable cause to seize and search the clutch purse which contained rock cocaine.

Two officers testified at the preliminary hearing. The arresting officer was Luis Flores, a 10-year veteran with the police department. He testified as to the events leading to the arrests on February 18, 1988. While on patrol he received a call from dispatch at about 1:30 in the afternoon that an unidentified citizen had reported a suspicious car parked on Caselli Circle containing four males who were ducking up and down. On his way to investigate Officer Flores learned the car was registered to a George Nonnette in Los Angeles.

When he arrived at Caselli Circle, Officer Flores saw the car, but no one in it. He was then approached by a citizen who spoke to him for five to ten minutes about drug problems in the area of 7490…