Davitt

People v. Davitt

Good Law
128 Cal. Rptr. 805·1976 Cal. App. LEXIS 1409·56 Cal. App. 3d 845
Court of Appeal of CaliforniaMarch 30, 1976Crim. No. 26854California1,420 words

Opinion

Lead Opinion

Ashby, J.

Appellant pleaded guilty to possession of marijuana (Health & Saf. Code, § 11357) after the trial court denied his motion to *847 suppress evidence, and he appeals pursuant to Penal Code section 1538.5, subdivision (m).

At 4:45 a.m. on February 9, 1974, Deputy Sheriffs Rust and Schilling stopped a 1966 Chevrolet on Santa Monica Boulevard because it had no registration tabs on the license plate for either 1973 or 1974. The car was driven by one Walker, and appellant was the right front passenger. A radio check of the license number did not indicate any outstanding wants. After Walker got out of the car and approached the officers, Deputy Rust directed him to the sidewalk and requested his driver’s license and the registration on the car. Walker produced a driver’s license and a registration, but the registration was for a different vehicle, a motorcycle. Deputy Schilling had been standing near the passenger door of thé vehicle. Deputy Rust advised him that the registration was for a motorcycle, and not for the vehicle in question, and asked Deputy Schilling to check the vehicle identification number plate (VIN). Deputy Schilling knew that on this model automobile the VIN…

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