People v. Clark

In a case of first impression, we hold in the published part of this opinion that possession of a counterfeit bank bill does not constitute possession of a thing made use of in counterfeiting within the meaning of Penal Code section 480.

The Facts

On July 12, 1990, defendant attempted to purchase beer from a market in Ridgecrest with a suspiciously blurred $20 bill which looked like play money. Tender of the bill was rejected by the clerk; defendant asked for the return of the bill, saying that he wanted to keep it as a souvenir.

Before defendant drove away, a market employee recorded the number of defendant’s license plate number. The market manager testified that four days later defendant returned to the market and reported that he had checked with other people, including a bank, who had said that the bill that he had previously tried to pass was okay.

On July 19, 1990, pursuant to a search warrant, officers searched defendant’s residence at 439 North Balsam in Ridgecrest. Defendant was found with another person, later charged as codefendant, in the living room. Inside the top left-hand drawer of a desk in the living room, officers found a pile of currency mingled…