People v. Bradley

Penal Code section 995 setting aside an information which charged various narcotic offenses. The People contend the trial court usurped the fact-finding powers of the committing magistrate in determining that the arresting officers improperly entered the premises where the narcotics were found.

At the preliminary hearing officer Harold Feldman of the State Bureau of Narcotics testified he received a report in early July from the-California Highway Patrol of narcotic

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activity at 6639 Abrego Road, in the County of Santa Barbara. About 10 p.m. on 18 July Officer Feldman and three other officers were in the vicinity of 6639 Abrego Road on other business, and saw lights on in the suspected premises. They determined to investigate the reported narcotic activity by knocking on the door of the premises and seeking to interview its occupants. Officer Feldman testified they did not intend to arrest anyone or search the premises.

Officer Feldman knocked on the rear door of the residence, and when respondent Bradley answered, “I identified myself as a peace officer to Miss Bradley, showed her my official badge, and informed her that I’d like to talk to her . . . she told me to come in.” He testified that her invitation was spontaneous, that he neither asserted nor requested a right to enter. Miss Bradley lead him through the kitchen to the living room, and on the kitchen table he observed a pipe whose bowl was lined with tin foil in the manner used in smoking marijuana or hashish. In the living room he noticed a partially smoked hand-rolled cigarette lying on a loud speaker.

The officer was an expert in the field of narcotics and had previously seen hundreds of hand-rolled marijuana cigarettes. He arrested Miss Bradley for possession of marijuana (Health

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Saf. Code, § 11530) and for possession of narcotic paraphernalia (Health & Saf. Code, § 11555). Subsequently, respondents Woods and- Master were discovered on the -premises, and substantial quantities of heroin, marijuana, and other drugs were seized. Respondents Reinesto and Wilbur arrived on the premises -under the influence of narcotics, and after their arrest additional amounts of heroin were found upon their persons.

In support of motions under Penal Code section 995 to set aside the. information respondents urged for the first time that Miss Bradley’s invitation to Officer Feldman to enter the premises might not have been voluntary. The point was argued as if presented at a motion to suppress evidence under Penal Code section 1538.5 in which the trial court could receive, weigh, and reweigh evidence. (Cf.