Knisely

Defendant, April Knisely, appeals her conviction of possession of a controlled substance for sale, i.e., L.S.D., a violation of Health and Safety Code section 11378.

Defendant entered a plea of guilty after denial of a motion to suppress evidence, i.e., L.S.D. she allegedly sold to a man and L.S.D. found in a police car under circumstances supporting the conclusion it belonged to her.

On appeal, as in the trial court, defendant contends the evidence she sought to suppress was the product of an unlawful search and seizure.

The motion was heard on a reporter’s transcript of the preliminary hearing.

On September 17, 1975, at about 5 p.m., Officers Gonzales and Nelson went to the Ocean Beach pier, an area known to them as the location of narcotics operations, where Gonzales had participated in approximately 100 narcotics-related arrests; stationed themselves at the top of the pier behind a wall overlooking the walkway below; were hidden from view except for their heads; and instituted surveillance of the walkway. Within 30 to 60 seconds Gonzales observed a man standing next to and facing a woman, the defendant, whose back was to the officers. The man was counting out…