People v. Gonzales

MOORE, P. J.

Having been convicted of illegal possession of heroin and marihuana and of having been previously convicted of a violation of section 11500, Health and Safety Code, defendant now seeks a reversal of the judgment on the grounds that (1) his home was illegally searched at the time of his arrest; (2) he was arrested without probable cause and (3) appellant was prejudiced by the court’s refusal to require the arresting officer to divulge the identity of the informant whose report was the basis for defendant’s arrest.

About 7 p. m. of March 9, 1955, the Narcotics Division of the Los Angeles Police Department received a telephone call to the effect that Mike Gonzales was using heroin and actually

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had the narcotic in his home. The informant had given information on prior occasions to the police and they had confidence in his integrity and reliability. Officer Broadhurst who had received the message accompanied by Officer Luearelli called on appellant, knocked on the latter’s door and asked to see him. When he appeared and identified himself as Gonzales, Broadhurst searched him and removed from his left shirt pocket, a green capsule box containing gelatine capsules which were filled with white powder. Appellant freely stated that he had paid $65 for 60 “caps” of heroin and they were for his own use; that no one else in the home knew anything about them; that the outfit in his pocket was his own, as well as the marihuana cigarette in his brother-in-law’s gray suit; that he had purchased three of them a short time ago and had forgotten all about that one; that he used about a gram of heroin daily. Four people were present when appellant was searched, but the cigarette was taken from the suit in a different room by Officer Luearelli alone.

The informant was an operator for the police department; he had wisely advised the officers on previous occasions in narcotic arrests. They had found him reliable. Officer Broadhurst declined to reveal his name, as contrary to public interest.

The evidence adopted by the court is that when the officers, acting upon credible information, knocked at appellant’s door, he asked them in. They arrested him, found one vial of heroin on his person. Then they searched the house and found additional narcotics and some instruments.