Patrick

Defendant was charged with violating Health and Safety Code section 11351, possession of cocaine for sale, and Health and Safety Code section 11377, possession of phencyclidine (PCP). After motions under Penal Code sections 995 and 1538.5 were denied, defendant entered a guilty plea to the Health and Safety Code section 11351 charge and the other count was dismissed.

At approximately 9:45 p.m. on October 18, 1980, two police officers drove up to 1240 California Street in Long Beach, stopped their car and exited it. At that location some 15 to 18 persons were in a gathering. The officers knew the area and location as one where many drug transactions had occurred. However, no criminal action was observed as the officers approached the group.

Officer Houser had been informed that defendant was a heavy dealer in cocaine. Officer Houser was acquainted with defendant and defen dant with him. Defendant saw the officer approaching and at that time defendant had his right hand at the center of his belt. Defendant stared at the officer, then bolted from the group and Houser gave chase. Houser concluded that defendant was engaged in some type of criminal activity and was trying to…