Sirak

Defendant was charged with the offense of possession of marijuana; made a motion to suppress evidence respecting marijuana taken from his automobile which was heard upon the transcript of the preliminary hearing and denied; was convicted following trial by the court without a jury; was placed on probation, the court declaring the offense a misdemeanor; and appeals, contending the court erred in denying his motion to suppress.

The sole issue for determination on appeal is whether there was probable cause to search defendant’s automobile resulting in the discovery and seizure of marijuana.

On May 12, 1968, at 2 a.m., defendant was driving an automobile at 50 miles per hour in a 35 mile zone; was followed by an officer in a police car who displayed its red lights; but did not stop until the officer sounded the police siren. After sounding the siren, the officer noted defendant’s automobile go toward the curbing; switched the lights of the police automobile to high beam; and saw defendant reach down below the front seat of the automobile toward the floorboard, toward his feet. Defendant’s automobile struck the curbing and stopped. Defendant traveled over a half mile from…