Ross

Defendant was found guilty after a court trial of possessing marijuana in violation of Health and Safety Code, section 11530. The question raised by this appeal is whether the narcotic found on defendant’s person just prior to his arrest was the product of an unlawful search.

The only evidence of the circumstances surrounding de fendant’s search and arrest was the testimony of one of the arresting officers. Officer Portney testified that on April 5, 1962, about 6:17 p.m., he and his officer companion learned over their patrol ear radio that there had been a robbery and shooting at a paint store on Florence and Hooper in Los Angeles. The broadcast described the suspects as two male Negroes, 5 feet 9 inches to 6 feet, approximately 25 years old, one wearing a red sweater and the other a black and white sweater with dark pants. About 6:20 p.m., while driving on Hooper Avenue about three-quarters of a mile from the scene of the robbery, Officer Portney observed a car parked on the east side of Hooper. Two men were seated in the ear. The man behind the driver’s wheel wore a black and white sweater; another, seated in the back of the ear, was clad in a red sweater. A third man, the…