People v. Torres

GIBSON, C. J.

The court, sitting without a jury, found defendant guilty of possessing narcotics in violation of section 11500 of the Health and Safety Code, and he appeals, contending that illegally obtained evidence was used against him.

Officer Walsh, a member of the narcotics division of the Los Angeles Police Department, testified that he observed defendant in the vicinity of 3rd and Hill Streets in Los Angeles, an area “having some frequency of narcotic activity,” and “a known hangout for narcotic users and pushers.” He also saw defendant drive an automobile to 6th and Alvarado Streets accompanied by two persons who got out of the car, entered a drugstore located there, and purchased some milk sugar and gelatin capsules. Six days later, Walsh and four other officers saw a known user of narcotics leave defendant’s apartment, the location of which they had previously ascertained. They immediately went into the apartment building and stood outside defendant’s door for 15 or 20 minutes without knocking or attempting to enter. While they were stand

[866]

ing there, the door was opened hy defendant’s wife, and the officers, seeing defendant in the room a few feet from her, identified themselves as policemen and stepped into the apartment. A woman ran in the direction of the bathroom and Walsh, who followed her there, discovered several capsules in the toilet with white powder in them, later identified as heroin, and some cups on the edge of the bathtub which also contained heroin. Walsh then arrested defendant, who stated that he had acquired the narcotics that afternoon. At the trial the narcotics were admitted into evidence over defendant’s objection. The officers did not have a search warrant or a warrant of arrest.

A search without a warrant is proper where it is incident to a lawful arrest based on reasonable cause to believe that the accused has committed a felony. Such a search is not rendered unlawful merely because it precedes rather than follows the arrest.

(People

v.

Hammond,

54 Cal.2d 846, 853 [9 Cal.Rptr. 233, 357 P.2d 289];