People v. Livermore

Opinion

COMPTON, J.

Defendants Charles Clifford Livermore and Alice Christine Trujillo were charged in five counts, as follows: count 1—sale of a restricted dangerous drug (Health & Saf. Code, § 11912); count 2—pos-session of benzedrine tablets (Health & Saf. Code, § 11910); count 3

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possession of marijuana (Health & Saf. Code, § 11530); count 4—pos-session of seconal (Health & Saf. Code, § 11910); and count 5—possession of codeine (Health & Saf. Code, § 11500). Appellants’ pretrial motion to suppress the evidence relative to counts 2 through 5, pursuant to Penal Code section 1538.5, was denied. Following a nonjury trial appellants were each found guilty as charged on counts 2, 3 and 4. Each appeals from the judgment (order granting probation.) entered against him. On appeal, appellants contend that the evidence of their guilt should have been suppressed because the officer who discovered that evidence failed to comply with the requirements of Penal Code section 1531.

Facts

1

Pursuant to a search warrant, the issuance of which appellants do not contest, Officer John Marsden and Sergeant John Senger of the Torrance Police Department, along with other officers of the Torrance and Inglewood Police Departments went to appellants’ home on the afternoon of December 20, 1971. Upon arrival the officers observed that the front door was open, with a screen door closed across it. Officer Marsden knocked and a female voice said, “Come in.” Officer Marsden stated, “Police officers. We are here to serve a search warrant on the premises.” Officer Marsden and Sergeant Senger then entered and observed appellant Trujillo. Marsden repeated that he was a police officer and had a search warrant for the premises. He showed her the original search warrant and handed her a copy.

While Officer Marsden was speaking to appellant Trujillo in the living room, Sergeant Senger walked through the hall and came to the door of the east bedroom. Senger testified that the door to the bedroom was open and that he proceeded into the bedroom. Senger testified that he announced “Police officer,” as he entered the bedroom. Appellant Livermore was in bed, but appeared to be awake. A search of the bedroom revealed a substantial quantity of benzedrine tablets, as well as marijuana, barbiturate tablets and other drugs.