Bello

Defendant was charged in the municipal court with a violation of section 12031, subdivision (a), of the Penal Code; i.e.; carrying a loaded firearm in a motor vehicle. He moved to suppress evidence against him. After a hearing, the motion was denied.

He appealed from that order to the Appellate Department of the Superior Court, Los Angeles County. That court reversed the order of denial and certified the case to this court under rule 63, subdivisions (a) and (c) of the California Rules of Court. We ordered the case transferred and now enter our judgment, reversing the municipal court judgment.

At about 9:30 p.m., March 25, 1974, defendant and Officer Peterson were traveling southbound on. what is referred to as a “collector” road adjacent to the Harbor Freeway in the City of Los Angeles. Both drivers desired to enter the freeway itself. This required each of them to be in the left hand lane of the collector road. Defendant was already in that lane, slightly behind the motorcycle on which Officer Peterson was riding in the right hand lane. After some jockeying, the officer finally slowed to a speed which forced defendant to pass him, on the officer’s left. Both drivers…