Nebbitt

People v. Nebbitt

Caution
183 Cal. App. 2d 452·1960 Cal. App. LEXIS 1772·7 Cal. Rptr. 8
Court of Appeal of CaliforniaAugust 1, 1960Crim. 7214California3,261 words

Opinion

Opinion

Lillie, J.

Defendant was convicted by the trial court of having marijuana in his possession in violation of section 11530, Health and Safety Code. His motion for new trial was denied and he was sentenced to the county jail for 180 days. He appeals on the ground that there was no probable cause for his arrest and that the search and seizure resulting therefrom were unlawful.

The evidence, viewed in the light most favorable to respondent, discloses that the officers who originally arrested defendant on grand theft auto (Veh. Code, § 503 ) had reasonable cause to believe him guilty of the charge, and that the subsequent seizure of marijuana cigarettes from the car in which he was riding and his jacket found in the vehicle, was valid. As Officers Maloof and Bernard were riding in a police car on Adams Boulevard around 4 p. m. on November 29, 1959, they observed a vehicle bearing no front license plate traveling in the opposite direction. They made a U-turn and, noticing thereon no rear license plate, stopped the car, which was being driven by James Smith accompanied in the front seat by defendant. Officer Maloof asked Smith for his driver’s license, which he produced; then he asked if the…

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