Miranda

People v. Miranda

Good Law
17 Cal. App. 4th 917·1993 Cal. App. LEXIS 805·21 Cal. Rptr. 2d 785·93 Daily Journal DAR 10104·93 Cal. Daily Op. Serv. 5898
Court of Appeal of CaliforniaAugust 4, 1993H009669California5,274 words

Opinion

Opinion

Wunderlich, J.

Statement of the Case

Defendant Ignacio Miranda appeals from a judgment entered after his motion to suppress evidence (Pen. Code, § 1538.5) was denied and he pleaded guilty to possession for sale and sale of phencyclidine (PCP). (Health & Saf. Code, §§ 11378.5,11379.5.) He claims the trial court erred in denying his motion to suppress evidence against him. He argues that the evidence was the product of an unlawful pretextual traffic stop. We disagree and affirm the judgment.

Facts

At approximately 9:20 p.m. on February 8,1991, Officer Steve Becerra of the Gilroy Police Department was driving a marked police car on patrol near the Gilroy Apartments, when a car containing three people passed him going the other way. Becerra recognized Yvonne Lucero, the driver, and defendant, the front seat passenger, from previous arrests involving PCP. He recognized the other passenger Leticia Cuellar but did not know her name. Their car entered a parking lot, and Becerra decided to follow them. He made a U-turn and entered the lot. He passed Lucero’s car and noticed that Cuellar had a blank stare.

Lucero parked her car, and Becerra moved on to an adjacent lot. From there, he watched…

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