People v. Larkin

[348]

Opinion

ELKINGTON, J.

Following her unsuccessful motion to suppress certain physical evidence (Pen. Code, § 1538.5) essential to her defendant Larkin pleaded guilty to possession of heroin (a violation of Health & Saf. Code, § 11350). Her appeal from the ensuing judgment concerns only the validity of the superior court’s order denying the motion to suppress.

We state the undisputed relevant facts.

A police officer patrolling his beat in “a very high crime area, especially dealing with narcotics,” observed several known “heroin users” standing around defendant Larkin in front of a pool hall. In the area during the past three years “a trend [had] gone to girls doing the dealing” in narcotics. The experienced officer “thought suspicious activities were taking place” and he “decided to drive around the block once more.” Upon his return defendant saw the police vehicle, and as he got out she “looked very startled and walked into the pool hall along with one other person, . . .” The officer “was primarily concerned with identifying or talking to the defendant,” so he “followed her in and found her sitting on a bench in the pool hall at which time [he] asked her her name.” The officer testified to the succeeding events as follows; “[District attorney]; Q. What occurred next? A. Well, I couldn’t understand her reply, very inaudibly, and I asked her again. This time she tried to say her name, I believe, or she just opened her mouth and I noticed some colored objects. To me, with my experience, I knew what they were, rolled toy balloons. Q. Officer, during your training as a narcotics officer, had you ever seen colored objects in a person’s mouth such as this person? A. Many times. Q. With what did you associate that observation? A. Heroin wrapped and rolled in toy balloons, toy rubber balloons. Q. Had you ever seen heroin transported in that manner, inside a person’s mouth? A. Very many times. Q. Is that a common manner of transport, of transporting heroin? A. Yes, most common. Q. After you made this observation, what did you do? A. I reached underneath her chin, asked her to spit it out. At this time, I put my hand around the neck in case she tried to swallow it, at which time I asked her to spit it out. And she was—she didn’t try to fight, she just spit them all out. Q. What did the objects that were in the suspect’s mouth turn out to be? A. Eight hand-rolled toy balloons all containing a powdery substance.”