Bundesen

This appeal, pursuant to Penal Code section 1538.5, subdivision (m), is from a judgment entered after defendant and appellant Rocky Bundesen’s motion to suppress evidence was denied and he pled guilty to violations of Health and Safety Code section 11350 (possession of heroin) and Business and Professions Code section 4143 (possession of a hypodermic needle or syringe).

During the early evening hours of May 26, 1978, San Jose Police Officers Giillim and Hafley were watching a house where they believed heroin sales were taking place. The officers were members of a special detail called M.E.R.G.E. which focuses on felony offenses; they were in uniform but in an unmarked police car.

About 7:45 p.m. the officers saw two men leave the house they were watching, get into a 1965 Ford station wagon and drive off. The officers followed the station wagon in the hope they could legally stop it. The station wagon observed a stop sign at which time the officers observed that the vehicle’s brake lights were inoperative.

The officers activated their red light. The car traveled about 100 yards before finally stopping and, during this period, Officer Giillim saw the passenger first dip…