People v. Cuevas

Defendant was found guilty of a violation of section 11500.5 of the Health and Safety Code (possession of heroin for sale). Unless the search which led to the discovery of the narcotic was legal, the People had no case.

The evidence concerning the legality of the search came from Officer Underhill of the Traffic Enforcement Division of the Los Angeles Police Department. On the day in question, May 10, 1965, at about 3:30 p.m. he was southbound on the Pasadena freeway riding a motorcycle. A 1965 Chevrolet sedan was parked in an emergency parking area, also southbound. There were bushes directly…