People v. Thomas

Opinion

KAUS, P. J.

An information charged defendant with one count of possession of heroin for sale (Health & Saf. Ccfde, § 11351, subd. (a)). Following the trial court’s denial of his motion to quash and traverse the search warrant (Pen. Code, § 1538.5), he pleaded guilty. He appeals from the ensuing judgment.

Facts

On February 14, 1978, the Los Angeles police made a warrantless arrest of one Anthony Tapia on a charge of possession of heroin. A body search turned up an address book containing the notation: “Richard 11118 Victory Bl. Apt. #4.” That address is near the corner of Victory Boulevard and Vineland Avenue, where Tapia had been picked up.

On February 21, 1978, Officer Ronald Whitt interviewed the apartment manager at 11118 Victory Boulevard and learned that apartment

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4 was rented by defendant Richard Thomas and his wife Deborah. He obtained descriptions of the couple and of their car. He then viewed the car, learned its license number, made a check through Department of Motor. Vehicles and police channels and found that both defendant and his wife had a number of prior arrests for possession of heroin and possession of heroin for sale.

From February 27 through March 7, 1978, Officer Whitt and other officers maintained a surveillance of defendant’s apartment. During this period they saw various people make brief, five- to ten-minute visits to the apartment; however, due to inclement weather the officers were unable to get good descriptions of most of these visitors.

On March 6, 1978, officers maintaining the surveillance observed a blue 1967 Volkswagen drive up in front of the apartment; two men left the car, entered the apartment, and returned about five minutes later. A check of the car’s license number revealed an outstanding felony warrant—possession of heroin—for the registered owner, James McCraw, Jr. On March 7, 1978, Officers Quagliana and Duehring saw a couple pull up in a car and enter defendant’s apartment. Five to ten minutes later the couple emerged and drove off on Victory Boulevard; the officers followed. The driver behaved erratically, was unable to maintain a constant speed and once briefly drifted into oncoming traffic. After driving a short distance, he pulled over at Victory Boulevard and Cartwright Avenue. The officers, both of whom were narcotics experts, approached the couple and noted that their pupils were pinpointed and their right forearms bore fresh puncture wounds. The officers believed them to be under the influence of an opiate, probably heroin, and placed them under arrest. Both the man, Richard D’Amico, and the woman, Cynthia Paepke, were charged with being under the influence of an opiate.