People v. Washington

Appellant was convicted after a jury trial of possession for sale of cocaine (Health & Saf. Code, § 11351) and transportation of cocaine (Health & Saf. Code, § 11352). In a separate proceeding tried before the same jury, forfeiture of $14,930 in cash seized from appellant at the time of his arrest was ordered. Appellant has filed appeals from both judgments.

Appellant was arrested on October 16, 1987, by Officer David Helm of the Hayward Police Department Drug Task Force, who was “patrolling high drug traffic areas” in an unmarked vehicle with his partner, Officer Rick Gallia. At about 10 that evening, Officer Helm observed appellant exit the driver’s side of his car, which was parked by the pumps at a gas station. As appellant walked toward the cashier’s office, he was “staggering” and “very unsteady on his feet.” From the cashier’s booth, appellant walked to a nearby intersection, where he “appeared to be flagging people down.” “He was talking and moving his arms about.”

Officer Helm believed appellant might be under the influence of narcotics, so he approached and made contact. Appellant was “very hyperactive”; his pulse and speech rate were rapid; he had a…