People v. De La Sierra

California Court of Appeal Dec 16, 1970 No. Crim. 17502Published

Before: Jefferson

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Holding. The court held that the officers' entry into the residence was justified under the circumstances, the arrest was supported by probable cause, and the evidence was sufficient to sustain a conviction for possession of heroin.

Issues

Whether the officers' entry into the residence complied with Penal Code section 844.
Whether there was probable cause for the defendant's arrest.
Whether the search of the premises was incidental to the arrest.
Whether the evidence was sufficient to support the conviction for possession of heroin.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Noncompliance in this particular case is excused because the officers acted on a reasonable and good faith belief that further compliance would frustrate an arrest or permit destruction of the evidence.”

“We conclude that the search of the premises was incidental to the arrest.”

“The evidence is undoubtedly sufficient to justify the arrest and support the conviction of possession of heroin.”

[531]

Opinion

JEFFERSON, Acting P, J.

Defendant was charged by information with possession of heroin, in violation of section 11500 of the Health and Safety Code.

Defendant waived his right to trial by jury and, pursuant to stipulation, the matter was submitted to the court on the proceedings had at the pre.liminary hearing. Both sides offered additional evidence at the time of trial. The court found defendant guilty as charged, but made no finding on the prior felony conviction alleged in the information. Motions for new trial and probation were denied and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment of conviction.

Officer Edward J. Sanchez of the Narcotics Division of the Los Angeles Police Department received information from a known and reliable informer that Yas Shimasu, who lived in an apartment at 951 East Edge-ware Road, was dealing in heroin; that John Sakamoto and Louis Almada resided at 726 Tularosa Drive; that Louis Yamashiro resided at 722 Tularosa Drive; and that the three of them were also connected with narcotic transactions.

On September 2, 1968, Officer Sanchez “staked out” on the 951 Edge-ware Road address; on two occasions he followed Yamashiro from this address to 726 Tularosa Drive, where Yamashiro held a meeting with Sakamoto and Almada. The officer again staked out on the two addresses from September 2, 1968 to September 11, 1968. During this nine-day surveillance, the officer observed numerous persons, known to him to be narcotic addicts, visit these two residences. They would enter and remain for a short time and then take their departure. The officer also observed defendant at these two residences and upon several occasions defendant would answer the door and admit the known narcotic addicts to the residences.

Officer Sanchez ran a “make” through the official records of the Los Angeles Police Department and learned that both Sakamoto and Almada were wanted for violation of parole.

Agents Allen, Hirsh and Officer Sanchez and three other officers went to the location 726 Tularosa Drive at approximately 1 p.m. on September 11, 1968. Officer Sanchez deployed the officers around the house, covering all exits and sent two officers to the rear door of the residence. He, himself, went to the front door, knocked and called out “Police officers.” He then observed Mr. Sakamoto on the south side of the house running

People v. De La Sierra

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