People v. Faulkner

VALLÉE, J.

In a nonjury trial defendant was convicted of possession of marijuana. He appeals from the judgment. The specifications of error appear to be that the police unlawfully searched defendant; his consent to the search was involuntary; the court erred in not compelling disclosure of an informer.

About 3:25 p.m. on January 22, 1958, two police officers received information from an informer that a man named Horace was living at 7773 Parmalee Street, Los Angeles, and that he was in possession of and dealing in marijuana. The informer gave the officers a vague description of defendant.

About 15 minutes later the officers went to 7773 Parmalee Street. They knocked on the door of the lower apartment. A feminine voice asked who was there. The officers identified themselves and asked the female to come to the door. In a few seconds the door was opened by a woman named Ann. The officers asked Ann if Horace was at home. She said he was not. They asked if they might enter. She said they might, and they did. About 5 or 10 minutes later defendant entered the apartment. He asked the officers who they were. They identified themselves and stated they had information he was dealing in narcotics. Defendant said he knew nothing about narcotics. One of the officers asked defendant if they could search him and the premises. Defendant said, “Sure, that is all right. We might as well get this cleared up.” Defendant testified one of the officers asked him if he minded “if he searched”; that he replied no, he did not mind.

One of the officers searched defendant and found a package containing brown paper-wrapped cigarettes in a trouser pocket. The officer asked defendant where he had received them. Defendant stated he had just bought them, that he had given a fellow $4.00 for them. The cigarettes contained marijuana. No search was made of the premises. The officers did not have a warrant for defendant’s arrest or a search warrant.

T'he evidence was not obtained by an unlawful search. One can freely consent to a search of his person; and having done so, any search or taking of evidence pursuant to his consent is not unlawful and his constitutional rights are

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not violated. Whether in a given case the consent was voluntary is a question of fact.