Bennett

People v. Bennett

Good Law
139 Cal. App. 3d 767·189 Cal. Rptr. 77·1983 Cal. App. LEXIS 1375
Court of Appeal of CaliforniaFebruary 9, 1983No. AO17183California1,729 words

Opinion

Lead Opinion

Elkington, J.

Defendant Bennett pleaded guilty to charges of possession of cocaine (Health & Saf. Code, § 11350), a felony, and driving a motor vehicle while under the influence of alcohol and drugs (Veh. Code, § 23102, subd. (a)), a misdemeanor. Imposition of judgment was suspended and he was placed upon conditional probation. He appeals from the order granting probation, which he terms “judgment” in his notice of appeal. His only appellate contention is that the trial court erroneously denied his motion to suppress certain evidence, claimed to be the fruit of his unlawful detention and arrest, on his Penal Code section 1538.5 suppression hearing.

For reasons as follow we find no merit in the contention and affirm the judgment.

A highway patrol officer about 2:30 o’clock one morning observed an automobile traveling upon a freeway in such a manner as to swing “into the south guard rail and [swing] back to prevent the vehicle from striking the wall.” The car then “crossed three lanes accelerating to 70 miles per hour”; and passed many other automobiles. As it continued, it was “weaving” on both sides of a lane marker. It continued to be so driven for about one and a half miles,…

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