May

People v. May

Good Law
143 Cal. Rptr. 45·1977 Cal. App. LEXIS 2120·76 Cal. App. 3d 543
Court of Appeal of CaliforniaDecember 15, 1977Crim. No. 30545California1,106 words

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…

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