Brown

In an information filed by the District Attorney of Los Angeles County defendant was charged in count I with possession of marijuana, a violation of section 11530 of the Health and Safety Code, and in counts II, III and IV with possession of restricted dangerous drugs, pentobarbital, seconal and amobarbital, respectively, violations of section 11910 of the Health and Safety Code.

A motion pursuant to section 1538.5 of the Penal Code was denied. In a nonjury trial defendant was found guilty as charged in count IV of the information, possession of amobarbital, and not guilty of counts I, II and III. This appeal is taken from the judgment (order granting probation), defendant contending that the evidence on which he was convicted was the product of an illegal search and seizure.

Statement of Facts

At about 4 o’clock in the afternoon on March 16, 1969, Los Angeles Police Officer David T. McGill, who with Sergeant Wissman was in a marked police vehicle westbound on 48th Street, observed a late model Corvette eastbound on 48th Street going approximately 60 miles per hour in a 35 mile per hour zone. Defendant was the driver. He had a passenger, codefendant Evans (not involved…