People v. Crump

Opinion

COUGHLIN, J.

Defendant was convicted, upon a plea of guilty after denial of his motion to suppress, of the offenses of transporting restricted dangerous drugs and maintaining a place for the purpose of selling, giving away and using narcotics; and appeals upon the ground denial of his motion was error.

[549]

The motion to suppress was directed to evidence allegedly the product of an unlawful search and seizure because obtained from him when he was subjected to temporary detention without cause, and during the course of a “pat down” search impermissible in scope.

Two undercover police officers arranged to buy marijuana from a man named Marlow living at 3952 Mission Boulevard; by virtue of several contacts with Marlow knew he was trafficking marijuana at this address and had seen several people in the house; at an appointed time went to Marlow’s residence to obtain marijuana; with Marlow and two other white male persons left the residence, at about 10:30 p.m., and went in an automobile to a place on a dark street, about a mile away, where it was parked; and at this place were assaulted with deadly weapons, i.e., a gun and a knife, by Marlow and his companions. The officers responded, shooting Marlow and a man named Weisel. The third man escaped.

Other police officers had acted as surveillant or covering officers; had seen one of the three men arrive at Marlow’s residence on a bicycle, which he left inside; learned of the attack when checking on the parked automobile; with knowledge of all the foregoing facts and a description of the third man who had escaped, undertook a search for the latter; went to the residence on Mission Boulevard believing he might return there; and, shortly before midnight, saw the defendant who, according to the testimony of one of the officers, “fit the description” of the third man. The officers stopped defendant; asked for identification, which he produced; and asked him where he lived, in response to which he pointed his hand toward Marlow’s residence. One of the officers, named Miles, testified defendant pointed toward the Marlow residence and as he was bringing his hand back to his body “a large bulk was noticed in front of his pants”; that another officer in the group, named McCain, “observed this bulk in the front of the defendant’s pants” and pulled it out; the bulky object “was stuck directly in front of the pants, directly under—if there was a belt buckle, it would be directly under the belt buckle going down in the lower part of the pants, with the knit shirt pulled over the top of the pants”; and he thought “there was a weapon m the front of his pants, possibly a gun or a knife, and that the defendant was reaching for it.” The bulky object “turned out to be a bag”; was opened by the officers; and contained five cans of marijuana and 92 seconal capsules. Defendant was arrested for possession of marijuana, possession of restricted dangerous drugs and robbery. Apparently the officers believed Marlow and his companions robbed the undercover officers.