People v. Johnson

COUGHLIN, J.

This is an appeal from judgments, after trial by jury, convicting each of the defendants, who are the appellants herein, of a violation of section 11500 of the Health and Safety Code, i.e., possession of heroin.

After announcing their presence and not being admitted, law enforcement officers broke into the defendant Johnson’s home; searched the premises; found both defendants present therein; found heroin in a pair of Levi’s, apparently belonging to the defendant Milton; and also found heroin in a jacket

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apparently belonging to the defendant Johnson. Thereupon the defendants were arrested and charged with the possession of heroin. At the trial objection was made to the introduction of evidence obtained as a result of the aforesaid search, upon the ground that the officers had entered the premises illegally. The objection was overruled. The defendants contend that the search was unlawful; that the evidence obtained thereby was inadmissible under the rule stated in

People

v.

Cahan,

44 Cal.2d 434 [282 P.2d 905, 50 A.L.R.2d 513]; and ask that the judgment be reversed. This is the sole contention made on this appeal. In opposition, the People, who are the respondent herein, rely upon the fact that the record does not show that the officers were not acting under a search warrant nor a warrant of arrest and contend that a reversal should not be ordered because, no evidence to the contrary appearing, it must be presumed that the officers regularly and lawfully performed their duties, citing

Badillo

v.

Superior Court,

46 Cal.2d 269, 272 [294 P.2d 23] and

People

v.

Guy,

145 Cal.App.2d 481, 488 [302 P.2d 657], in support of their position. (See also