People v. Gonzales

Angel Bernardo Gonzales appeals from a marijuana possession judgment of conviction (Health & Saf. Code, § 11530).

At 11:15 p.m., August 19, 1966, in Kate Sessions Park in the hills above Pacific Beach, where it is unlawful to camp overnight, San Diego Police Officers Hartman and Grigsby came upon a camper vehicle and a 1953 Chevrolet parked side by side about 10 feet apart; watched three to five persons, one a male wearing white levis, leave the camper and move between it and the Chevrolet; parked at the rear of the camper; from outside looked through the camper’s open rear door, seeing dark fluid in a gallon jug on a table inside; approached the Chevrolet; and, asked the occupants, three females and Gonzales wearing white levis, to identify themselves and get out of the Chevrolet. From the front seat, two females complied. From the rear seat, one female got out and walked over to the front of the camper. Gonzales got out from the rear seat; walked over to a side walk; stood there for about 10 seconds facing away from officers and vehicles; and, moved over to the front of the camper. The front end of the Chevrolet cut the officers view to Gonzales above the waist while he stood…