Shapiro

Defendant was found guilty of violating section 11530, Health and Safety Code (possession of marijuana). She has appealed.

At about 1 a.m. on March 23, 1962, Los Angeles Police Officers Allen and Gates observed defendant come out of a bar on Figueroa Street and enter an unoccupied 1961 Ford convertible which had its top up. It was parked “approximately at 11th Street.” When she started the car which was headed south on Figueroa, Officer Gates noticed that the tail light was out. The officers followed her in a marked police car. They turned on their emergency red light, then sounded the horn “several times” and then flashed their large auxiliary flash light across the back of defendant’s ear. Defendant appeared to notice the officers. She slowed down at the corner of 12th and made a right turn on 12th. She stopped at Trenton which is one block west of Figueroa. Prior to defendant stopping, she leaned over in the seat so far that her head went out of Officer Allen's view. While making this movement her ear turned in toward the curb, the front tire hitting the curb and bouncing off. It was then that defendant stopped.

Because of these actions on the part of defendant, Officer Allen…