People v. Moore

FOX, J.

Appellant was convicted on two counts of violating section 11500, Health and Safety Code. The allegation that he had suffered a prior conviction for possession of narcotics was found to be true. Defendant appeals from the judgment.

As grounds for reversal defendant contends (1) that the officers did not have sufficient information to establish “reasonable or probable cause” for believing that he was committing a public

offense;

that the ensuing search of his apartment was in violation of his constitutional

rights;

and that the evidence thus seized was inadmissible; and (2) that the court erred in not requiring the police officers to disclose the identity of their informant. There is no merit in either of these contentions.

At approximately 7:30 p. m. on August 7, 1956, Officers Luearelli and Broadhurst, of the Los Angeles Police Department, met a confidential informant pursuant to previous arrangements made by telephone. The informant told the officers that appellant and a lady friend were living in Apartment Number 3, at 5884 South Figueroa Street, Los Angeles; that they were using and selling narcotics, and that they had some there at that time. Officer Luearelli asked the informant how he knew the narcotics were there and that such activity was going on. The informant stated that he had been there earlier that evening and had witnessed a sale. Officer Luearelli testified that he had received information

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from this informant over a period of four or five years; that as a result of his information nine or ten arrests had been made, some of which resulted in convictions.

Officer Broadhurst also had known the informant over a period of years through police work and had received information from him on which convictions had been secured “15 or 20 times.” Officer Broadhurst was still using this informant at the time of the trial of this case.

The officers considered the information reliable and acted upon it by going to the designated address. They waited outside for approximately 20 minutes. Appellant and his lady friend came out of the building at about 9 p. m. The officers identified themselves and placed both parties under arrest “for narcotics.” Officer Lucarelli asked appellant “if he had any stuff in the house,” to which the latter replied in the negative; he handed the officer some keys and said, “Go see for yourself.” The parties proceeded to Apartment 3; the key given to the officer by appellant fitted the lock to that apartment. The officers did not have either a search warrant or a warrant of arrest. In their search of the apartment the officers found a brown sport coat in the bedroom closet. In the presence of the appellant, his codefendant and the other officer, Officer Broadhurst removed a quantity of heroin and marijuana from the coat. Appellant told the officers that he used narcotics occasionally but that his use had not developed into a habit. He stated that he had lived in this apartment for approximately two weeks.