People v. Aguilar

FOURT, J.

In an information filed in Los Angeles County, the defendant and appellant was charged in an information with a violation of section 11500, Health and Safety Code, in that he did on May 17, 1960, have certain heroin in his possession. In a second count he was charged with having amidone in his possession. It was also charged that on or about February 15, 1954, he had been convicted of a narcotics offense.

On September 8, 1960, when the cause was called for trial it was stipulated that the matter be submitted upon the transcript of the proceedings at the preliminary hearing with each to have the further right to introduce other evidence if so minded.

Appellant moved to suppress the evidence. The motion was denied. Appellant was found guilty as charged and the prior conviction was found to be true as asserted.

A résumé of the facts is as follows:

On May 19, 1960, Officer Dorrell of the narcotics squad of the Los Angeles Police Department knew of two warrants for the arrest of defendant and appellant, one a felony warrant for failure to appear at a burglary proceeding, the other a warrant in a failure to provide matter. The officer, with two other officers, went to appellant’s home at 7418 Serapis Avenue in Los Angeles. The appellant was seen to get out of a pickup truck and start across the lawn of his premises toward his house. When appellant was about 20 or 25 feet from his house Dorrell asked appellant his name, to which appellant replied, “Vidal Aguilar.” Aguilar was also asked whether he had any narcotics and he replied in the negative. Dorrell put the appellant under arrest and handcuffed him. At that time appellant was wearing a short sleeved shirt and the officer saw several marks on a tattoo on his right forearm which appeared to be fresh hypodermic needle marks. Dorrell, from his experience, concluded that the appellant was a user of narcotics.

[889]

Appellant asked two of the officers to take him inside the house and the two officers did so while Dorrell searched the pickup truck. Dorrell, after searching the truck, went into the house.

The officers had no search warrant to search the house, but did so upon the basis of the recent, fresh hypodermic marks on the arm of Aguilar. After approximately 10 minutes Dorrell opened a dresser drawer and at the time of doing so saw appellant’s mother, the codefendant, open a night-stand drawer and remove therefrom what appeared to be a rubber prophylactic. The officer took the item from her. The officer knew from experience how heroin was frequently carried. As the officer took the container from the mother the appellant said, “I’ll tell you where the rest of it is,” and thereupon Aguilar directed the officer to a paper sack which contained certain heroin, a hypodermic outfit, and some plastic packages. The appellant freely admitted at a later date that the narcotics were his and that he was at that time a user of narcotics.