People v. Henning

[874]

Opinion

ELKINGTON,J.

Defendant-appellant Kenneth Christian Henning moved the superior court, under Penal Code section 1538.5, to suppress certain evidence of narcotics and dangerous drugs found by a police officer in a hotel room occupied by him. The evidence was essential to Henning’s conviction on pending charges. Following denial of the motion, the cause was submitted for decision on the evidence disclosed in the transcript of his preliminary examination. He was thereafter found guilty of violating Health and Safety Code sections 11530 and 11910, and Business and Professions Code section 4143. The appeal is from an order granting him probation which was thereafter entered.

The question presented is whether there was any substantial evidence

1

supporting the superior court’s determination of no Fourth Amendment violation.

(People

v.

Stout,

66 Cal.2d 184, 192 [57 Cal.Rptr. 152, 424 P.2d 704];

Bergeron

v.

Superior Court,

2 Cal.App.3d 433, 436 [82 Cal.Rptr. 711].) If so, even though contrary inferences might be drawn from the evidence, and we ourselves might draw them, we are nevertheless bound by the findings of the superior court.

It must be conceded that an inference could be drawn that the police officer entered Henning’s room either to make an unauthorized arrest or an unauthorized search. But it is contended that another reasonable inference could be, and was, properly drawn by the court that the officer acted only in aid of the hotel management late at night to quell a disturbance, a loud radio, in the room.

We therefore direct our inquiry to that portion of the evidence, and reasonable inferences drawable therefrom, which tend to support the conclusion of the trial judge.