People v. Edwards

[420]

KAUFMAN, J.

This is an appeal from a judgment of conviction on a charge of violating section 11500 of the Health and Safety Code, possession of heroin. Defendant waived jury trial.

On the evening of October 12,1955, at approximately 9 p. m., Officers Shannon and Brazil of the San Francisco Police Department were conducting a narcotics investigation in Room 112 of the Congress Hotel on Fillmore Street. In the room at the time were two other persons, Edward Heide and Georgia Brown. The officers heard someone knocking at the door. Officer Shannon opened it and he and Officer Brazil saw appellant Edwards in front of the door, and another person, Frank Robinson immediately behind him. When Brazil stepped into the doorway Robinson ran down the hall, and Edwards took a half turn and started to run, but Brazil seized his wrists.

As the officer caught appellant, he saw him drop a bindle from his left hand. It fell to the floor near his feet and the officer subsequently picked it up. Tests proved that it was heroin. Brazil testified that he did not have a search warrant at any time.

Appellant told Brazil that he had brought the bindle into the hotel with him and that he had had it for some time. Appellant admitted a prior narcotics conviction. He did not testify in his own behalf.

Appellant contends that the search of his person was improper since it preceded his arrest, and cannot be justified by what it turned up, citing

People

v.

Brown,

45 Cal.2d 640 [290 P.2d 528]. His counsel moved to strike all of the evidence on the ground that it had been illegally obtained, but the motion was denied. In the Brown case on which appellant relies the officers observed defendant at about 7:30 p. m. walking across the street with one hand clenched in a fist. They approached her from behind, one officer grabbing one of her wrists, the other officer the other. They identified themselves and asked to see what was in her hand. She refused. They did not inform her that she was under arrest, but took from her hand a rubber container which was subsequently proved to contain heroin. The People there contended that if the arrest was lawful, the search was reasonable, but the court held that there was nothing apparent to the officers’ senses before the arrest to indicate that defendant was committing or attempting to commit a public offense. The case differs from the present one in that the defendant therein