Herrera

People v. Herrera

Good Law
124 Cal. Rptr. 725·1975 Cal. App. LEXIS 1444·52 Cal. App. 3d 177
Court of Appeal of CaliforniaOctober 14, 1975Crim. 26957California1,591 words

Opinion

Opinion

Thompson, J.

This is an appeal from an order of probation entered on defendant’s plea of guilty to a charge of possession of marijuana after her motion to suppress evidence pursuant to Penal Code section 1538.5 was denied. Defendant contends that: (1) disclosure of the marijuana is the result of a detention without established cause which was unduly prolonged while the police checked by radio for the existence of outstanding warrants; and (2) the disclosure of the contraband is the result of her not having been afforded the opportunity to post bail on a traffic warrant found to be outstanding against her. Compelling precedent requires rejection of her first contention. The second is contrary to the record.

We recite the record in the light most favorable to the determination of the trial court resolving all issues of credibility and accepting all reasonable inferences accordingly. (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §245.)

On December 24, 1973, Officer Randall Zink of the Baldwin Park Police Department was called to the scene of a burglary at the Western Auto store near Main and Ramona. When he responded to the call Zink saw three vehicles drive from the scene. One was a…

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