People v. Alesi

FOX, P. J.

Defendant was convicted of violating section 11500, Health and Safety Code, in that he, on or about January 7, 1958, was in the unlawful possession of heroin. He was also charged with a prior misdemeanor conviction, which was found to be true, of the same section. He has appealed from the judgment and sentence and the denial of his motion for a new trial.

In the evening of January 5, 1958, Officer LeBrun, of the Glendale Police Department, received information from an informant indicating that defendant was under the influence of narcotics. The informant also gave LeBrun the description and license number of a Mercury automobile which, presumably, the defendant was driving at the time. The

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officer knew the identity of the informant but had not previously acted on any information from her. Officer Hartley, of the Glendale Police Department, as a result of an all-car broadcast seeking information on the above automobile, observed it in the parking lot at a drive-in with the defendant sitting behind the steering wheel. Upon the arrival of Officer LeBrun, the defendant was asked to step out of the car. Defendant’s speech seemed to be slurred but there was no alcoholic odor on his breath. Defendant’s eyes were examined by the officers by shining a flashlight into them. They noticed that the pupils of his eyes were pinpointed and their reaction to light very poor. The officers compared this with the reaction to light of another officer’s eyes. Defendant was placed under arrest on suspicion of narcotics. At the station defendant’s arms were examined and Officer LeBrun noticed small red holes in his biceps and small blue scars on the inside arms at the elbow.

On January 7,1958, Officer Moen received information from unnamed persons that when defendant was brought into the station he had an orange balloon, in which there was heroin, pinned to the inside of the cuff of his trousers; that while in the booking room he ripped the balloon off and flipped it into a corner under a cardboard; that he contacted three trusties in an effort to have them retrieve it for him. Thereafter the officers found the balloon and heroin. They thereupon bored a small hole through a door to the booking room so that they could observe what went on inside. There was also an open window through which like observations could be made. Officer Moen brought defendant into the booking room, ostensibly for further questioning. Officer Colton was stationed at the small hole in the door while Officer Broom looked through the window. Arrangements had been made to page Moen for a telephone call immediately so that defendant would be left alone to see if he would attempt to retrieve the heroin. Defendant was seated on a bench some four or five feet from the contraband. Upon Officer Moen’s leaving the room Broom observed defendant get up and take a couple of steps toward an open closet, reach down and pick up an orange colored object, place it in his right hand pocket, and then sit down on the bench. Broom then entered the booking room. Defendant was sitting on the bench with both hands to his sides resting on the bench. As Broom stepped toward defendant to grab his hands, defendant took the bindle out of his pocket and placed it in his mouth. Broom grabbed defendant by the