Pendergraft v. Superior Court
| Court | California Court of Appeals |
| Writing for the Court | FORD, P.J., and ALLPORT |
| Citation | 15 Cal.App.3d 237,93 Cal.Rptr. 155 |
| Parties | Kimberly PENDERGRAFT, Petitioner, v. SUPERIOR COURT of the State of California FOR the COUNTY OF SAN LUIS OBISPO, Respondent, The PEOPLE of the State of California, Real Party in Interest (two cases). Civ. 37458, 37609. |
| Decision Date | 16 February 1971 |
Page 155
v.
SUPERIOR COURT of the State of California FOR the COUNTY OF SAN LUIS OBISPO, Respondent,
The PEOPLE of the State of California, Real Party in Interest (two cases).
Page 156
[15 Cal.App.3d 239] Harry E. Woolpert, Indio, for petitioner.
No appearance for respondent Court.
Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., and William V. Ballough, Deputy Atty. Gen., for real party in interest.
Bennett Kerns, Beverly Hills, A. L. Wirin, Fred Okrand, Los Angeles, and Laurence R. Sperber, Beverly Hills, for The American Civil Liberties Union of Southern Cal., as amici curiae on behalf of petitioner.
FEINERMAN, * Associate Justice.
Petitioner is charged with possession of marijuana (Health & Saf.Code, § 11530), and possession of dangerous drugs (Health & Saf.Code, § 11910). The superior court denied his motions to set aside the information (Pen.Code, § 995) and to suppress marijuana and dangerous drug evidence (Pen.Code, § 1538.5), and we issued alternative writs of prohibition.
Officers Gregory and Costa were patrolling the north section of San Luis Obispo on the morning of August 27, 1970. At about 7:30 a.m., they reached the 200 block of Santa Rosa Street when they saw the petitioner standing alone next to a road sign. His only observable possession, a green back pack, strapped closed, was 'leaned up against a road sign' and he was 'eighteen inches to two feet away.'
It is a police practice in San Luis Obispo to talk to hitchhikers who appear to be under age, ask them for identification, and advise them of the dangers [15 Cal.App.3d 240] of hitchhiking. Officers Gregory and Costa believed that the petitioner 'looked to be a juvenile' and they alighted from their patrol car and approached him. Officer Gregory asked for identification, and the petitioner produced it. His identification established that he was over eighteen years of age.
At this juncture petitioner was asked if he had 'any weapons--knives or guns or explosives.' He replied that he had 'three knives.' He was requested to produce them, and he withdrew one pocket knife from his coat pocket and another from his pants pocket. After the officers examined the two knives, they were returned to him. They inquired about the third knife, and the petitioner stated that it was in the pack. Officer Gregory asked if he could see it. Petitioner answered 'yes' and walked over and started opening his pack. Officer Costa then asked the petitioner whether he would consent to a search of his pack, and the officer received an affirmative response.
Without looking into the pack, Officer Gregory reached into the small pocket on the underside of the flap and brought out a book and a road map. On reaching into that pocket a second time, he withdrew a 'roach clip.' 1 Officer Gregory thought he detected a brown residue on the teeth of the clip. The officer then turned his attention to the main part of the pack and pulled out a pair of bluejeans. In the back pocket of the jeans he found a 'Corina Mini' cigar box. He indicated that he was not looking for the third knife in that small box, but he did open it and discovered its
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contents to be two cigars and nineteen handrolled cigarettes. Suspecting the cigarettes contained marijuana, the officers ceased the search and called a Sergeant Lunsford on the patrol car radio. The sergeant arrived shortly thereafter, confirmed their suspicions, and instructed them to take the petitioner into custody.At this point, the petitioner was 'patteddown,' handcuffed, and was placed in the rear seat of the patrol car. The pack was placed in the trunk and not further examined until its contents were inventoried at the police station.
Under the rear seat cushion of the patrol car the officers subsequently found an aspirin tin. The circumstances caused them to believe that it was placed there by petitioner, inasmuch as they had inspected the vehicle shortly before apprehending him. The tin contained, in tinfoil, two orange tablets and three white pills. The police chemist's report eventually showed [15 Cal.App.3d 241] the cigarettes contained 13 grams of marijuana; the tablets,...
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People v. Manning, Cr. 23119
...indicated that when the purpose of an inquiry or detention has been achieved, it ought to cease. (E.g., Pendergraft v. Superior Court, 15 Cal.App.3d 237, 242--243, 93 Cal.Rptr. 155.) However, the corollary in those decisions is that until such purpose is accomplished, the inquiry need not t......
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People v. Remiro, Cr. 8309
...situation may justify further detention, further investigation, search, or arrest." (Fn. omitted; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 242, 93 Cal.Rptr. 155, [89 Cal.App.3d 829] Duge suspected he was dealing with automobile burglars. His initial confrontation with defenda......
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People v. Belleci, Cr. 17112
...e. g., People v. Bello (1975) 45 Cal.App.3d 970, 973, 119 Cal.Rptr. 838; People v. Grace, supra; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 93 Cal.Rptr. 155; People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755; Willett v. Superior Court, In this case the arresting officer......
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Nancy C., In re
...Irwin v. Superior Court, 1 Cal.3d 423, at pp. 426--427, 82 Cal.Rptr. 484, 462 P.2d 12. See also Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 242, 93 Cal.Rptr. Clearly the officers upon seeing a young female engaged in a 'prostitution stroll' after 10 p.m. on a public street in an......
-
People v. Manning, Cr. 23119
...indicated that when the purpose of an inquiry or detention has been achieved, it ought to cease. (E.g., Pendergraft v. Superior Court, 15 Cal.App.3d 237, 242--243, 93 Cal.Rptr. 155.) However, the corollary in those decisions is that until such purpose is accomplished, the inquiry need not t......
-
People v. Remiro, Cr. 8309
...situation may justify further detention, further investigation, search, or arrest." (Fn. omitted; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 242, 93 Cal.Rptr. 155, [89 Cal.App.3d 829] Duge suspected he was dealing with automobile burglars. His initial confrontation with defenda......
-
People v. Belleci, Cr. 17112
...e. g., People v. Bello (1975) 45 Cal.App.3d 970, 973, 119 Cal.Rptr. 838; People v. Grace, supra; Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 93 Cal.Rptr. 155; People v. Lingo (1970) 3 Cal.App.3d 661, 83 Cal.Rptr. 755; Willett v. Superior Court, In this case the arresting officer......
-
Nancy C., In re
...Irwin v. Superior Court, 1 Cal.3d 423, at pp. 426--427, 82 Cal.Rptr. 484, 462 P.2d 12. See also Pendergraft v. Superior Court (1971) 15 Cal.App.3d 237, 242, 93 Cal.Rptr. Clearly the officers upon seeing a young female engaged in a 'prostitution stroll' after 10 p.m. on a public street in an......