People v. Jackson

After conviction of possession of marijuana, defendant appeals from the judgment and sentence, contending (1) that no probable cause existed for his arrest, and (2) that the evidence upon which conviction was based was illegally obtained and improperly received in evidence over objections.

On the night of September 7, 1957, Los Angeles Police Officers Moody and Scott, assigned to radio patrol duty, were patrolling a residential area in which numerous burglaries had been reported. At about 11:20 p.m. the officers observed appellant walking north on Central Avenue between 30th and 29th streets. Their attention was attracted to appellant by reason of the fact that he was carrying a gas can without a lid over the opening. The officers stopped him for question *761 ing and immediately observed a large bulge under his shirt. This bulge protruded out about 4 inches from the normal waistline. The officers investigated, suspecting concealed weapons, but found that the cause of the bulging shirt front was a rubber hose about 5 feet in length.

During the questioning appellant told the officers that his car was parked at a location approximately 10 blocks away, and that he was looking for…