People v. Gonzales

I would resolve the issue of the officer’s belief he had probable cause to arrest in favor of the implied factual finding by the trial court that such belief existed. (People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal.Rptr. 867 , 629 P.2d 961 ].) In all other respects, I concur with the majority.

A petition for a rehearing was denied January 5, 1990, and appellant’s petition for review by the Supreme Court was denied March 22, 1990.

Victor Duron Gonzales pleaded guilty to one count of possession of heroin after his motion to suppress was denied. Notwithstanding the arresting officer’s own misgivings, viewed objectively and considering the totality of the circumstances, we believe there was adequate probable cause to arrest and affirm accordingly.

I

This is the latest in a seemingly endless line of cases springing from drug enforcement activity in the Buena Clinton area of Garden Grove. Sergeant *1188 Kevin Raney was assigned to a special drug unit “try[ing] to lower the crime rate in Buena Clinton.” In the first several weeks of July 1988, Raney encountered Gonzales on several occasions. Defendant admitted he was into drug use, and the officer saw “a growing number of injection wounds on both of the inner portions of his forearms.” Raney warned Gonzales that the “[Buena-Clhiton] area h[eld] nothing for [him and would only get him] into trouble.”

On July 23, 1988, the officer saw defendant in a carport and noted his physical appearance had deteriorated from the previous week. Gonzales looked towards Raney’s vehicle and moved his hand down to his right front pants pocket. Raney approached defendant…