Christensen

James Andrew Christensen pleaded guilty to possessing marijuana after the court denied his Penal Code section 1538.5 motion to suppress the marijuana evidence. He appeals the court’s order granting him probation (deemed a final judgment, Pen. Code § 1237) which imposed no time to be spent in custody, but did require payment of a $200 fine and adjudicated the crime a misdemeanor.

About 2:30 a.m., November 27, 1968, Christensen was a passenger in a car owned and operated by his non-appealing codefendant, Patrick Coyle Branin. San Diego Police Officer Harry Jourdan saw Branin’s car turn sharply onto the onramp of Nimitz Boulevard from Catalina, bump into the onramp’s curb and continue onto Nimitz. The officer noted Branin’s license plate light was out and suspected the driver might be intoxicated. He redlighted the car. Branin stopped his car, got out and walked rapidly to the police car.

Officer Jourdan suspected Branin might be trying to hide something. He took Branin back to his car, looked in to see who the passenger was and smelled an odor of burning marijuana through the open car window.

Officer Jourdan called for additional police help. Two more officers arrived,…