People v. Harris

McCOMB, J.

Defendant Billy Leo Harris was convicted of violating section 11500.5 of the Health and Safety Code (possession of heroin for sale), and his wife, defendant Geraldine Harris, was convicted of violating section 11500 (possession). Both defendants appeal from the judgments.

Facts:

Narcotic officers, in an investigation of a Mr. and Mrs. White, had searched their apartment and placed them under arrest. During the course of this investigation, Mrs. White agreed to “set up her connection” for the officers so they could apprehend him.

Mrs. White made a couple of telephone calls and arranged for her “connection” to make a delivery to her apartment that evening. Mr. and Mrs. White and five police officers were waiting in the White apartment when, about 9 :30 p.m., a ear was driven up from which defendant Billy Harris alighted and entered the building. Mrs. White looked out the window and said, “Yes, that is his ear and that’s him. He will be up here in just a few seconds.” The officers took positions by the front door of the apartment, and when there was a knock at the door they opened it and identified themselves as police officers.

Defendant Billy Harris made a motion towards his pants pocket with his right hand and said, “I have got a knife.” Two officers grabbed his arms, and in the ensuing scuffle the officers and Harris fell to the floor. In the scuffle a rubber balloon fell from Harris’ hand. One of the officers picked it up, examined it, and saw that it contained what he believed to be heroin. This belief was later verified by a police chemist.

Two of the officers went down to the car in which Billy Harris had arrived. In the front seat was defendant Geraldine Harris. One of the officers asked her what she was doing, and she replied that she was waiting for her husband. She described the person she was waiting for in such a way as to convince the officers that she was waiting for the man whom they had just arrested. They then asked if they could search the car, and Mrs. Harris consented. One of the officers observed a bulge in the righthand pocket of the jacket Mrs. Harris was wearing and asked her what she had in the pocket. She removed some Blue Chip stamps and said, “Oh, that is

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some Blue Chip stamps. ’ ’ As she was removing the stamps the officer noticed a portion of a plastic bag protruding from the pocket. Knowing that plastic bags are a means commonly-used for carrying narcotics, he said “What is this?” and reached over and removed it from her pocket. The bag contained a large quantity of heroin.