Cuevas

Defendant was found guilty of a violation of section 11500.5 of the Health and Safety Code (possession of heroin for sale). Unless the search which led to the discovery of the narcotic was legal, the People had no case.

The evidence concerning the legality of the search came from Officer Underhill of the Traffic Enforcement Division of the Los Angeles Police Department. On the day in question, May 10, 1965, at about 3:30 p.m. he was southbound on the Pasadena freeway riding a motorcycle. A 1965 Chevrolet sedan was parked in an emergency parking area, also southbound. There were bushes directly to the west of the car and beyond the bushes there was a six-foot fence. Defendant was observed approaching the front of the car from these bushes. Two people were inside the ear, one on the right front passenger side and the other in the right rear. As defendant walked around the vehicle, Underhill noticed a white paper bag in defendant’s hand which he tossed into the car through the open window on the driver’s side.

Underhill pulled his motorcycle to a stop behind the car and defendant approached him. Underhill asked whether he could assist him. Defendant said he had stopped because…