People v. Houle

Opinion

THOMPSON, J.

This is an appeal from a conviction of possession of amphetamine in violation of Health and Safety Code section 11910. Appellant does not question the sufficiency of the evidence to support the conviction. He contends that evidence consisting of a container of amphetamine and a hypodermic n.eedle was illegally obtained and hence improperly admitted, and that a confession obtained from him and received in evidence was made without a conscious waiver of his

Miranda

rights. We find the contentions to be unsupported and affirm the conviction.

Appellant, while at liberty on bail, had failed to appear at a hearing upon an unrelated charge. A bench warrant was issued. His bondsman and a personal surety went to a residence on North Gower to take appellant into custody pursuant to Penal Code section 1301. The bondsman and surety entered the residence and found amphetamine and a hypodermic needle which they took into their custody. It is conceded by the prosecution that the manner of search for and seizure of the contraband would have been illegal if conducted by a police officer. Appellant entered the residence after the contraband was seized and was arrested by the bondsman “for bail jumping.” There is no evidence that the bondsman and personal surety were acting as agents for or in concert with the police when they found and seized the amphetamine and hypodermic.

The bondsman, a former state narcotics agent, telephoned Officer Edward Sanchez of the narcotics division of the Los Angeles Police Department and reported finding the amphetamine and his arrest of appellant. Sanchez instructed the bondsman to bring appellant and the contraband to the police administration building.

At police headquarters, appellant appeared to be under the influence of amphetamine. He was properly warned of his

Miranda

rights and replied that he understood them. He confessed that the amphetamine and hypodermic found by the bondsman were his.

[895]

In a motion to suppress evidence pursuant to Penal Code section 1538.5, appellant contended that the amphetamine and hypodermic could not be received in evidence. He argued in the trial court, as he does on this appeal, that the action of the bondsman in searching for and seizing the contraband was “state action” because of the authority granted to a “bail” by Penal Code section 1301, and that consequently the exclusionary rule applies to the situation present in the case at bench. The argument is not supported by the law.