Whitted

People v. Whitted

Good Law
131 Cal. Rptr. 639·1976 Cal. App. LEXIS 1750·60 Cal. App. 3d 569
Court of Appeal of CaliforniaJuly 29, 1976Crim. No. 14774California899 words

Opinion

Lead Opinion

Draper, J.

*571 Opinion

Convicted of two robberies, defendant appeals, asserting admission of evidence illegally seized. Testimony on defendant’s motion to suppress evidence (Pen. Code, § 1538.5) showed that' Officer Lopez, on patrol at 1:58 a.m., stopped defendant’s car because hie knew a traffic warrant for defendant’s arrest was outstanding. The officer confirmed that the warrant was still in effect. As he approached defendant’s car, defendant alighted. The officer testified that he saw Whitted reach into his left jacket pocket and remove a package of cigarettes and a plastic bag containing green vegetable matter. He removed a cigarette and quickly pushed the cigarette package and the plastic bag into his pocket, but not before the officer had seen the bag and its contents, which he believed to be marijuana. At Officer Lopez’ direction, his partner removed the plastic bag from defendant’s pocket and concluded that it did contain marijuana. Whitted was arrested for possession of marijuana. Officer Lopez testified that Whitted asked him to turn off the lights on the latter’s car. While standing outside the car, but using a flashlight, the officer saw a hemostat hanging on a knob on the…

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