Dunkel

JEFFERSON (Bernard), J.

The People appeal [1] from an order dismissing a criminal prosecution after an order granting defendant's motion, under section 1538.5 of the Penal Code, to suppress evidence. We affirm the order.

Defendant was seen by police officers walking on the sidewalk on Figueroa in the northeast section of Los Angeles around 11 p.m. Defendant was said to be walking in an unsteady manner and appeared to have problems maintaining his balance. Defendant was approaching the intersection of Figueroa and Garvanza — a well-lighted intersection. On the basis of this observation, an officer exited his vehicle and approached defendant to check him out. Upon approaching defendant, the officer recognized him as a person he had seen before.

The officer then observed that there was no odor of alcohol on defendant's breath but that his speech was rapid and thick. The officer used his flashlight to check defendant's eyes and they appeared to be dilated with no visible reaction to light. The officer also testified that defendant appeared to be confused and nervous. The officer then arrested defendant for being under the influence of drugs, in violation of subdivision (f)…

*930 Opinion

J.— The People appeal 1 from an order dismissing a criminal prosecution after an order granting defendant’s motion, under section 1538.5 of the Penal Code, to suppress evidence. We affirm the order.

Defendant was seen by police officers walking on the sidewalk on Figueroa in the northeast section of Los Angeles around 11 p.m. Defendant was said to be walking in an unsteady manner and appeared to have problems maintaining his balance. Defendant was approaching the intersection of Figueroa and Garvanza—a well-lighted intersection. On the basis of this observation, an officer exited his vehicle and approached defendant to check him out. Upon approaching defendant, the officer recognized him as a person he had seen before.

The officer then observed that there was no odor of alcohol on defendant’s breath but that his speech was rapid and thick. The officer used his flashlight to check defendant’s eyes and they appeared to be dilated with no visible reaction to light. The officer also testified that defendant appeared to be confused and nervous. The officer then arrested defendant for being under the influence of drugs, in violation of subdivision (f) of section 647 of…

Although the question asked of the officer was directed primarily to his expertise in the manner of packaging, his answer (not objected to) went further. He testified to training at the police academy and to attendance at a narcotics seminar. That was enough to show that the officer had “expertise” in the objective signs of narcotic influence. Given no evidence of alcoholic intoxication, the officer was justified in making the arrest and search.