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People v. Faddler6/7/1982
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT
Crim. No. 11300
1982.CA.40621 ; 183 Cal. Rptr. 328; 132 Cal. App. 3d 607
June 7, 1982
THE PEOPLE, PLAINTIFF AND APPELLANT,
v.
DANIEL JAY FADDLER ET AL., DEFENDANTS AND RESPONDENTS
Superior Court of Sacramento County, No. 59432, Benjamin Diaz, Judge.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Appellant.
Jimmy N. Yee, under appointment by the Court of Appeal, for Defendants and Respondents.
Opinion by Puglia, P. J., with Evans and Blease, JJ., concurring.
Puglia
Defendants were charged in two counts with (1) possession for sale and (2) transportation of marijuana (Health & Saf. Code, §§ 11359, 11360, subd. (a)). The superior court determined that evidence essential to support the magistrate's holding order was the product of an illegal search and seizure and granted defendants' motion
to dismiss the information (Pen. Code, § 995). The People appeal. (Pen. Code, § 1238, subd. (a)(8).) We shall reverse.
At the time of the alleged offenses, Sheriff's Deputy Brand was on patrol alone in a squad car. At about 2 a.m. he observed a vehicle being driven erratically. A passenger in the vehicle was leaning out of a window shouting and waving what appeared to be a whiskey glass. Officer Brand attempted to stop the vehicle to investigate a possible violation of Vehicle Code section 23102, subdivision (a) (driving under the influence of an intoxicant). His first effort to detain the vehicle was frustrated when the driver, having pulled over and stopped on the officer's command, resumed travel as Brand was exiting his squad car. As Brand again stopped the vehicle, another officer arrived to provide assistance.
There were three men in the car. Defendant Faddler was the driver; defendants Raymond Williams and Rodney Harold Balson were passengers. Brand ordered the occupants out of the vehicle and directed them to the rear of their automobile in front of his patrol car. Williams was slow to comply and appeared to be under the influence of an intoxicant. Balson was boisterous and "mouthy."
Brand asked Faddler for his driver's license. He advised it was in the glove compartment and started to move toward his car to retrieve the license. Brand ordered him to stay where he was and proceeded to the defendants' vehicle himself to obtain the driver's license from the glove compartment. Upon opening the front passenger door, Brand observed in plain view on the floorboard a baggie containing marijuana. Defendants were then arrested and placed in custody in the patrol vehicle. Following the arrests a search of defendants' car produced more marijuana.
It cannot be seriously disputed that Officer Brand's articulated suspicions reasonably warranted the detention of the defendants. (In re Tony C. (1978) 21 Cal. 3d 888, 894 [148 Cal. Rptr. 366, 582 P.2d 957].) Furthermore, the search of the passenger compartment of defendants' car following their arrest was clea
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