Herdan
People v. Herdan
Opinion
Opinion
COBEY, Acting P.J.
Michael Gerald Herdan appeals from a judgment, entered upon a plea of nolo contendere of violation of Health and Safety Code section 11530.5 (now § 11359), possession for sale of marijuana, after the trial court denied his motion to suppress certain evidence as having been obtained pursuant to an allegedly unreasonable search and seizure. (Pen. Code, § 1538.5.) The appeal lies. (Pen. Code, § 1538.5, subd. (m); Cal. Rules of Court, rule 31(d).)
The sole issue on appeal is the propriety of the trial court's denial of appellant's motion to suppress.
On May 31, 1972, Los Angeles Police Officer Richard Cron, one Sergeant Klein, and four other police units conducted a surveillance of an automobile body shop which, according to information obtained by Officer Cron from an informant, J. Losh, [2] would be the site of the delivery by appellant to Losh of 50 pounds of hashish oil.
Officer Cron observed appellant arrive at the site in a Mercedes Benz, driven by one Clifford Guttersrud. The two men and Losh then went to the trunk of the vehicle, opened it, and Losh apparently looked inside the trunk before the trunk was closed. Losh then gave a prearranged…