Kenway

Following denial of a motion to suppress evidence (Pen. Code, 1 § 1538.5), Richard Kenway entered a negotiated plea of guilty to grand theft (§ 487.1). The court suspended imposition of sentence and placed him on three years’ probation including a condition he serve one hundred eighty days in custody. Kenway appeals.

On March 9, 1988, at approximately 6 a.m., City of Westmoreland Police Officer William A. Hays stopped Ken way because he was driving a tractor and semitrailers with the right two taillights of the second trailer burned out and the marker clearance lights of the truck broken and showing white to the rear. The officer noticed the trailer contained baled hay. He asked Kenway for a driver’s license, registration, and load order for the hay. Kenway had no order. Hays asked him where he had weighed. Kenway did not provide satisfactory answers and the officer contacted the Imperial County sheriff’s office. A deputy arrived and arrested Kenway.

Officer Hays asked Kenway to see a hay pickup order because of a recently adopted county ordinance. Imperial County Ordinance section 62602 provides: “The Board of Supervisors intends to establish a means of identifying the…