Aguilar

After his motion to suppress evidence pursuant to Penal Code section 1538.5 was denied, defendant pled guilty to transportation of methamphetamine (Health & Saf. Code, § 11379) and transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)). On appeal, he challenges the trial court order denying his motion to suppress. We affirm.

On the evening of December 21, 1982, San Jose Police Officers Mc-Courtie and Hewitt saw defendant in a black Porsche abruptly change lanes without signaling. This traffic violation caused a near collision with another car. They stopped defendant’s car to issue a citation. While Officer Hewitt, on the driver’s side, asked defendant for his driver’s license and Officer McCourtie surveyed the car’s interior from the passenger side with a flashlight “for possible weapons,” he saw a large half-full bottle of Riunite wine “in plain view” lying behind the front passenger seat. Defendant was then asked to step outside the car. Officer McCourtie entered the car to retrieve the bottle of wine. Once inside the car, he detected the odor of burning marijuana emanating from a “small burnt marijuana roach” resting on the center console ashtray and…