People v. Gressman

DRAPER, P. J.

— A jury found defendant guilty of possession of opium (Health

&

Saf. Code, § 11500). He was sentenced to prison and appeals from the judgment.

At 3:45 a.m., two police officers in a squad ear saw defendant walking along Market Street in San Francisco. They recognized him and called to him. He walked faster, said “I have nothing to say to you”, and ran some 50 yards up the street, where he turned into the entrance of an all night pool hall and ran up the stairs to it. Just before he left the street, one officer saw that he was carrying “a small brown packet” in his right hand. One officer followed defendant up the stairs, and found him in the restroom. Defendant started for the door and the officer “grabbed him”. During the ensuing struggle, the second officer arrived. Defendant reached inside his coat. The two officers removed his hand from his coat, and handcuffed him. An open knife was in the pocket from which defendant’s hand had been removed. Officer Davis took defendant to the police car. Officer Taylor searched the area and found a brown paper packet or bag near the entrance to the restroom. It contained opium, a hypodermic, and several ampules of methedrine. He took the

[687]

bag to the police car, showed it to defendant, and asked defendant if it were his. Defendant said he had never seen the bag before. He also said that he was working on a big deal for the narcotics detail, and that the officers were spoiling his whole case for him. A few minutes later, the patrol wagon arrived, and as defendant was transferred to it he said “Whatever jmu found in the bag I have got a prescription for. ’ ’

At trial, the officers testified to those statements. Since there is no evidence that defendant was advised of his right to counsel and to remain silent, he asserts error in admission of all three of his statements

(People

v.

Dorado,

62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361]).

The first statement, disclaiming all knowledge of the bag and its contents, cannot conceivably fall within the proscription of