Ceccone

—Defendant was convicted of possession of marijuana in violation of Health and Safety Code section 11530. He was granted probation on condition that he pay a fine. The trial commenced on October 24, 1966, and, therefore, this case is controlled by the rules stated in Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], (People v. Rollins, 65 Cal.2d 681 [ 56 Cal.Rptr. 293 , 423 P.2d 221 ].) Defendant’s appeal raises the question whether a statement made by him to the arresting officer at the scene of the arrest stemmed from a “custodial interrogation” as that term is used in Miranda . We also consider whether the search of the car which produced the marijuana was illegal.

While driving a 1966 model car in the City of Beverly Hills at 9 p.m., defendant was stopped on Wilshire Boulevard near Santa Monica Boulevard by two officers of the Beverly Hills Police Department for failing to stop for a red light. Officer Zenter, who testified at the trial, asked defendant for his operator’s license and defendant replied that he did not have one. Officer Zenter asked for the vehicle registration and defendant answered that he had borrowed the car from a…