People v. Gusukuna

[136]

WOOD (Parker), J.

Defendant was charged, in three counts, with violating section 337a, subdivisions 1, 2, and 4 of the Penal Code, viz: bookmaking upon the result of horse racing; occupying an apartment with books, papers and paraphernalia for the purpose of recording bets; and recording bets. Trial by jury was waived. Defendant was adjudged guilty as charged. She appeals from the judgment and the order denying her motion for a new trial.

Appellant contends that the arrest was not lawful; and that the People’s exhibits were obtained as the result of unlawful search and seizure and were erroneously received in evidence. She argues to the effect that there was no probable cause for the arrest.

About March 17, 1956, Officer Boulter received a written inter-departmental complaint or form from the administrative vice department of the Los Angeles Police Department, which stated that a woman by the name of Peggy was taking bets over the telephone and from the street at 920 West 11th Street, and that she lived in apartment 300 at that address. The complaint also contained a description of the woman.

On March 24, 1956, about 1:45 o’clock, Officers Boulter and Andrews parked across the street from said address, and approximately 100 feet north on Bixel Street, from which place they could observe the front of the apartment. They did not have a search warrant or a warrant for the arrest of defendant.

Officer Kenneth Boulter testified that soon after they arrived there the defendant came out of the apartment house, and he “observed her talking with three different people on the street and they exchanged what appeared to me [him] was currency and then she would go back into her apartment”; she did not give anything in exchange for the currency; after he had had defendant under surveillance about an hour, he went to her apartment and knocked on the door; defendant asked who it was; he replied, “Kenny”; defendant opened the door, and he asked her for the results of the eighth race at Gulf Stream; she replied that Needles had won by approximately five lengths; at that time he could see, from the door, a telephone, the National Daily Reporter, and two pieces of paper with writing on them which appeared to be betting markers; those things were on the telephone table in the apartment; he walked into the apartment; when he was in the apartment he identified himself as an officer and he placed defendant under arrest; he saw a scratch pad, and a ballpoint