Ely

People v. Ely

Good Law
143 Cal. Rptr. 344·1978 Cal. App. LEXIS 1184·76 Cal. App. 3d 1006
Court of Appeal of CaliforniaJanuary 20, 1978Crim. No. 16702California676 words

Opinion

Lead Opinion

Christian, J.

James Eugene Ely appeals from a judgment * of imprisonment which was rendered after he pleaded guilty to *1008 possession of heroin for sale (Health & Saf. Code, § 11351). The appeal tests the propriety of an order denying a motion under Penal Code section 1538.5 to suppress certain evidence upon which the People’s case depended.

The trial court’s ruling denying the motion to suppress evidence was supported by evidence showing that a police officer stopped appellant’s car because it had no rear license plate. At the officer’s request, appellant produced a driver’s license and.some papers pertaining to the registration of the vehicle. Appellant volunteered to permit the officer to search the trunk of his car, and,' without any request from the officer, opened the trunk. In the trunk was a satchel. The officer picked up the satchel and attempted to open it. Appellant then retrieved the satchel, put it back in the trunk, and closed the lid. The officer found discrepancies in the registration documents which appellant had provided. He then made a warrant check and learned that there was an outstanding warrant for the arrest of appellant. Appellant was then arrested.

As the…

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