People v. Gamboa

KINGSLEY, J.

— Officer Leeds, attached to the narcotics detail, was advised by an informant whom he characterized as “reliable” that a person named “Manuel” was dealing in narcotics and had sold to a woman named Val jean Vallejo and to two other named persons. Similar information was received, a few days later, from a second “reliable” informant. Acting on this information, together with information from a third person not characterized as reliable, the officer interrogated Val jean. She corroborated the information, giving defendant’s full name, his address, his telephone number, the description of his car, and stating that she had been buying from defendant and could buy from him, in any amount, at any time. At a later time, Val jean identified a police “mug shot” of defendant as the person from whom she had been buying. Further investigation verified Valjean’s information as to defendant’s car, address and phone number. However, surveillance of defendant’s apartment failed to disclose any unusual traffic or other suspicious circumstances. Inquiry of the landlady resulted in a statement that defendant did live in the apartment, that, in the past, there had been rather heavy traffic of girls coming and going at all hours, but that she thought defendant had moved his actual residence to some other place. Further investigation, through the telephone company, disclosed defendant’s new address. The officer interviewed his new landlady, who verified defendant’s residence and stated that she had had complaints from other tenants of a large amount of traffic to and from his apartment at all hours of the day and night. (The officer’s testimony indicated that the landlady had no personal knowledge of the alleged traffic and that she did not advise him how heavy the traffic actually was supposed to be.)

Acting on this accumulation of information, Officer Leeds,

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with his partner, went to defendant’s apartment at about 11 a.m. Leeds knocked on the door and, being unlatched, it swung open. He called out “police officers” and, receiving no answer, leaned forward and looked around a corner into defendant’s kitchen, where he observed defendant in the act of injecting a narcotic into his veins. The officers then entered the apartment, arrested defendant and searched the apartment. The search uncovered a large quantity of heroin, most of it in an uncut condition, togther with typical paraphernalia for cutting and packaging heroin for sale. The search also resulted in finding a pistol and ammunition — a possession unlawful in light of defendant’s previous felony convictions.