What evidence supports the inference that a defendant or his companion knew the vehicle contained police officers until the vehicle was identified as a police vehicle?

[152 Cal.App.3d 1092] As we have noted, the trial court made no explicit findings. On this record, there is no substantial evidence to support an inference that defendant or his companion knew the vehicle contained police officers until the officers identified themselves. Under these circumstances, defendant's walking hurriedly away from an approaching vehicle does not constitute a suspicious act as a matter of law. (See People v. Aldridge, supra, 35 Cal.3d at p. 479, 198 Cal.Rptr. 538, 674 P.2d 240.)

We turn to the officer's testimony that defendant "slammed the lid of the vehicle closed" when the officers' vehicle approached. Initially, we recall that the officer observed the plastic bag only on his initial pass by defendant's vehicle and did not see what became of it after he made the U-turn and entered the alley. Officer Sherrets did not, therefore, actually see defendant put anything in the trunk. (Compare, e.g., People v. Doherty (1967) 67 Cal.2d 9, 12, 59 Cal.Rptr. 857, 429 P.2d 177.)