May
People v. May
Opinion
Lead Opinion
Fleming, J.
People's appeal from a judgment of dismissal entered after order sustaining defendant’s motion to suppress under Penal Code section 1538.5. Prosecution was for possession for sale of marijuana (Health & Saf. Code, § 11359, subd. (a)). The evidence suppressed, *545 several “baggies” of marijuana, was found in the trunk of defendant’s car after an unconsented-to search.
Facts
The arresting officer, a deputy sheriff with some six and one-half years experience, testified that he first noticed defendant’s vehicle at approximately 10:15 p.m. the evening of 10 July 1976. The vehicle attracted his attention because it had amber lights in the wheel wells, a vehicle code violation. Following the vehicle, the officer observed it stop at a red light beyond the intersection limit line, another vehicle code violation. Additionally, when it stopped, the vehicle bounced four or five times, an indication of a possible bad suspension which would also be a safety violation. The officer therefore stopped the vehicle to check the vehicle’s suspension and to issue citations for possible mechanical violations. On approaching the vehicle, the officer observed that the A-arm suspension on the…