People v. Morton

Opinion

STEPHENS, J.

Defendant was charged by information with possession of marijuana (Health & Saf. Code, § 11530). She pleaded not guilty. Motions under Penal Code sections 995 and 1538.5 were denied. Defendant duly waived jury trial and submitted the cause on the transcript of the preliminary hearing. Defendant was found guilty and sentenced to 30 days in the county jail. Sentence was suspended, and she was placed on one

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year’s probation, subject to specified conditions. She appeals from the judgment (order granting probation).

The evidence adduced at the preliminary hearing was as follows: Officer Rose of the Los Angeles Police Department, while on patrol, responded to a radio call reporting a possible drug overdose and requesting an ambulance at an address within his jurisdiction. Upon arriving at the given address, the officer spoke with a Mr. Salter, who told the officer that he and his girlfriend (the defendant) were breaking up and that she had taken an overdose of pills from a bottle, which Salter handed to the officer. There was one pill remaining in the bottle, and there was evidence that the pills were acquired by prescription. In addition to the bottle (and its single pill) Salter gave Officer Rose a woman’s purse, stating that it belonged to the defendant. Thereafter, the officer proceeded to the hospital, where he found the defendant to be still in an unconscious condition. Unable to interview her, he participated in the inventory of the purse. It was in the process of this inventorying that the contraband in question, and which it is now claimed should have been suppressed under Penal Code section 1538.5, came to light.

During the section 1538.5 hearing, the officer testified as follows in response to questioning by the deputy district attorney:

“Q And when you got to the hospital, what did you do with the purse, and what did you do as far as the defendant was concerned?

“A As we arrived at the hospital, we conducted an inventory of the purse’s contents.

“Q And what was the purpose of that?

“A The purpose of this is to make sure all property in the victim’s purse is maintained in order, so none of it will come up missing.