People v. Lingo

In People v. Lingo (1970) 3 Cal. App. 3d 661, the defendant was a passenger in an automobile stopped by officers for not having a rear license plate. The license of the driver had expired, and the defendant produced an out-of-state registration in another person's name, claiming he was the owner and in the process of securing transfer of title documents. One officer saw a phonograph and a portable radio in the car, and suspected they were stolen. Rather than investigating the origin of these items, however, he asked defendant if there were narcotics in the car, which defendant denied. The officer then asked for permission to search, the defendant consented, and the search disclosed marijuana. ( Id. at p. 663.) The court concluded that the defendant's consent was invalid, as a product of an unjustified detention and interrogation. (Ibid.) The court explained that the officers had completed their activity as to the missing license plate, the driver's license, and the registration, made no effort to pursue their suspicions regarding the radio and phonograph, and instead continued to detain defendant "for an entirely different purpose--namely to make inquiry about an offense which, admittedly, they had no grounds to suspect had been or was being committed." ( Id. at p. 664.)