Ritchie

Defendant was charged with possession of marijuana (§ 11530, Health & Saf. Code). He moved to suppress the evidence under section 1538.5, Penal Code; the following is a summary of the evidence received on a de novo hearing on the motion.

On the afternoon of August 7, 1969, in the course of a stolen automobile investigation, Officer Vauches accompanied by Officers Haptonstal and McCloud went to defendant’s home; he knocked on the front door and defendant opened it; he identified himself, stated he was working on a grand theft auto investigation and asked defendant if he could ask him a few questions; defendant replied, “Certainly. I don’t know anything about a stolen car. Come in.” Officer Haptonstal was sitting on a couch waiting for Officer Vauches to complete his conversation with defendant; he looked to the right at the end of the couch and on top of some books saw a partially smoked hand-rolled cigarette which in his opinion was “a roach”; he then looked to the floor directly beneath where the cigarette lay and saw “tucked underneath the couch” but visible, a clear plastic bag (Baggie sandwich bag) with the top rolled down, in which was a green leafy substance which…