People v. Houston

FOX, P. J.

Defendant was charged with possession of heroin in violation of section 11500 of the Health and Safety Code. It was also alleged that he had suffered a prior felony conviction for forgery and served a term of imprisonment therefor. A jury trial having been waived, the court found the defendant guilty as charged, and also found the alleged prior conviction to be true. Defendant was sentenced to the state prison. He has appealed from the judgment.

Sergeant Hall, of the Los Angeles Police Department attached to the Narcotics Division, had received information from two informants, whom he considered reliable on the basis of past performance, that defendant was a user and peddler of narcotics, and that he kept narcotics in his rectum. On the morning of July 8, 1957, Sergeant Hall also received information from a brother officer that defendant was then in possession of heroin and had it secreted as above indicated. Shortly thereafter, Sergeant Hall and his partner, Sergeant Bowser, went to defendant’s apartment, Room 331 at 460 East Fourth Street; they arrived there at about 10 -.30 a.m. Sergeant Hall knocked on the door; thereupon defendant opened the door, and stood back approximately 3 feet. Defendant was in the nude. The officer observed that there were needle marks and scars over the veins of each arm, indicating that defendant was a user of narcotics. Sergeant Hall advised defendant that he was a police officer and that he was under arrest on a narcotics charge. The officers did not have a warrant for defendant’s arrest. They then entered and conducted a search of the room. No narcotics were found. Sergeant Hall inquired of defendant whether he had any narcotics in or on his person, and defendant replied in the negative. After defendant dressed, the officers left for jail with the defendant in custody. On the way, Sergeant Hall had a conversation with the defendant in which the officer explained to him that they had information that he had nar

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cotíes secreted within his body, and asked defendant whether he would give permission for a body search. Defendant stated that he would give such permission. He was then asked if he would put it in writing, and defendant stated that he would not. Defendant was then informed that he was going to jail and would be booked and if he had any narcotic secreted in his body it would be better if he gave it to the officers rather than have it found in the jail. Thereupon defendant stated that he would give it to the officers, and at that time he inserted his fingers into his rectum and withdrew a latex bag containing six white paper bindles, which were found to contain heroin. In a conversation with the officers defendant stated that he had bought the narcotics from a woman on Sixth Street. Sergeant Hall testified that secreting narcotics in such fashion was not unusual.