Bell v. Superior Court
Opinion
Opinion
Feinberg, J.
Petitioner was charged by information with possession of marijuana for sale (Health & Saf. Code, § 11359). He filed a motion to suppress evidence pursuant to Penal Code section 1538.5. His motion was heard and the matter was submitted on the preliminary hearing transcript with no further testimony. By written opinion, the court denied the motion.
Thereafter, petitioner filed this petition. We issued an alternative writ.
The Facts
In midafternoon, two plain clothed police officers were patrolling in an unmarked car in an area where there had been some daytime residential burglaries. While driving, officer Holmes observed four teenage males standing on the sidewalk in a circle. As the car approached, one of the youths was holding a white object about the size of a cigarette package though not appearing to be a cigarette package. The youth pulled it back and held it by his side, out of view of the officer, as the car went by. Holmes turned his car around and returned to the place where the youths were standing. As he was doing so, two of the youths entered a parked Volkswagen and drove off.