People v. Blatt

Opinion

THE COURT

Defendant was charged by information with two counts of possessing dangerous drugs. (Health &Saf. Code, § 11910.) She pleaded not guilty. A motion under section 1538.5 of the Penal Code, partially submitted on the transcript of the preliminary hearing, was denied. Defendant then withdrew her plea of not guilty and pleaded guilty to count II. She was sentenced to county jail for six months. Sentence was suspended and defendant was placed on probation for one year. Count I was dismissed. The appeal is from the judgment and order granting probation. (Pen. Code, § 1538.5, subd. (m).)

The facts viewed in the light most favorable to the People are as follows: Officer Sewell of the Los Angeles Police Department went to 1602 Sunset Boulevard on April 27, 1971, in response to a radio call that a citizen was holding a narcotic suspect at that address. Upon arriving at the location, he discovered it to be a men’s clothing store which was open for business, although there were no customers there at the time. Sewell was met by a man who identified himself as Mr. Blatt, the store’s proprietor. Blatt pointed to

[151]

defendant, who was seated behind a counter, and told the officer that she was his daughter and that she was “stoned.” While Sewell and Blatt conversed, defendant began speaking. Her words were abusive, and Sewell did not think them coherent. Defendant’s speech was thick, and she had difficulty enunciating. Her eyes did not focus, and her head swayed back and forth. She appeared to Sewell to be intoxicated. He smelled no alcohol on her breath. He concluded that she was under the influence of a narcotic or dangerous drug. He had previously seen people under the influence of narcotics or dangerous drugs in excess of 100 times. In Sewell’s opinion defendant was unable to care for herself. Sewell asked Blatt whether he was willing to assume the responsibility of caring for defendant in view of her inability to care for herself. Blatt said that he was not. Sewell then placed defendant under arrest. She was causing a disturbance at the time by her use of loud and abusive language. Sewell therefore escorted her to a dressing room open to the public at the rear of the store. Defendant was carrying a purse which Sewell decided to search for weapons or narcotics. Defendant refused to give the officer her purse. He removed it from her. Inside were the pills which formed the basis for the instant charges.