People v. Douglas

Opinion

JEFFERSON, J.

Defendant was convicted by the court of possession of marijuana (Health & Saf. Code § 11530) and granted probation. He appeals, contending that the evidence against him was obtained as the result of an unlawful entry by officers who failed to comply with the provisions of Penal Code, section 844.

1

The case was submitted to the court on the transcript of the preliminary

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examination following the denial of defendant’s motion to suppress evidence under Penal Code section 1538.5. Defendant testified at the hearing on the section 1538.5 motion. The single witness who testified at the preliminary examination was Officer Smith.

On March 25, 1968, at about 6:20 p.m. Officer Smith received a. phone call. A male voice which he did not recognize stated, “There is a man seated at the kitchen table at 906 East 25th Street, rolling marijuana cigarettes.” After the caller hung up Smith and another officer drove to 906 East 25th Street. Smith observed that the address was a large old residence which had been converted into a rooming house. Smith and the other officer then walked down a sidewalk which ran alongside the house and the adjacent property. They came to a window about halfway down the building. The drapes were pulled back. Looking through the window Smith observed defendant seated at a table smoking a brown paper-wrapped cigarette and rolling numerous brown paper-wrapped cigarettes. While Smith remained at the window the officer with him walked around to the front door of the house. Smith then observed defendant get up, remove all of the items from the table and take them into the bathroom where he placed them underneath the bathtub. Smith’s partner officer then entered the room with defendant. The officer went into the bathroom and picked up the items defendant had placed under the bathtub. After making these observations Smith went around to the front of the house and was admitted by a man called Red who had been sitting outside on the front porch. Red told him that he ran the place. Defendant was arrested and the evidence seized. It was subsequently determined to be marijuana and introduced against defendant at the preliminary hearing.