People v. Garcia

California Court of Appeal May 6, 1970 No. 16956Published

Before: Lillie

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Holding. The court held that police had reasonable cause to detain the defendant based on his presence at a location known for narcotics activity and that the subsequent observation of puncture wounds and physical symptoms of intoxication provided probable cause for his arrest.

Issues

Whether the initial detention of the defendant was supported by reasonable suspicion.
Whether the officer's request for the defendant to place his hands on a vehicle constituted an unlawful search.
Whether the officer had probable cause to arrest the defendant for narcotics use.

Disposition. affirmed

Quotations verified verbatim against the opinion

“To observe that which is open and in plain sight does not constitute a search.”

“Circumstances short of probable cause to make an arrest may still justify an officer's stopping pedestrians or motorists on the streets for questioning”

7 Cal.App.3d 314 (1970) 86 Cal. Rptr. 628 THE PEOPLE, Plaintiff and Respondent,

DANIEL SEANEZ GARCIA, Defendant and Appellant.

Docket No. 16956. Court of Appeals of California, Second District, Division One.

May 6, 1970. [316] COUNSEL

David C. Marcus for Defendant and Appellant.

[317] Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Jeffrey S. Wohlner, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

LILLIE, J.

The trial court found appellant to be a narcotic drug addict within the meaning of section 3100.6, Welfare and Institutions Code, and committed him to the Director of Corrections, California Rehabilitation Center. He appeals from order of commitment and "from each and all orders ... made adverse to" him.

The following relates only to probable cause and the evidence is viewed in a light most favorable to respondent. Two weeks before appellant's arrest, Deputy Sells, Narcotics Bureau, received information from a reliable confidential informant that a female known as Marilyn was residing at 458 1/2 South Sidney Drive and was there involved in the sale of heroin and that many people went there to either purchase or use narcotics. On October 31, 1968, based on this information, he conducted a surveillance of the premises; he saw a male enter and soon leave; he stopped and spoke to him and found he had evidence of narcotic usage but allowed him to continue on his way. On November 7, 1968, Deputy Sells again received information, from a person in custody on a narcotic charge, that Marilyn was selling heroin from this same address. On November 8, 1968, Deputies Sells, Franco and Jesinhous began a surveillance of the premises parking their vehicle approximately 200 to 300 feet away; they had a clear view of the driveway leading directly to the house and watched it through binoculars. When they left the substation it was not then their intention to arrest whoever came out of the premises. Around 3:17 p.m. they saw appellant walk into the house and 15 minutes later exit in the company of a female and proceed down the driveway to the sidewalk. The deputies drove up to where the pair was standing near a car and got out. Deputy Sells approached the female, who identified herself as Mary Narvaiz; he placed her under arrest for violation of narcotic laws.

People v. Garcia

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OPINION

LILLIE, J.

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