People v. Maxwell

Opinion

RACANELLI, P. J.

In this appeal from a conviction for possession of “crack” cocaine, the narrow issue presented is whether the police may direct a passenger to alight from a vehicle lawfully stopped for a traffic offense. Under the circumstances shown herein, we will conclude that the conduct was lawful and affirm the judgment.

Facts

The relevant facts are basically undisputed: About 3 a.m. on August 6, 1986, San Jose Police Officer Greg Albin was on routine patrol in a marked patrol car when he observed a four-door vehicle without any license plates. Officer Albin stopped the automobile,…