People v. Rosemont

[501]

LILLIE, J.

The trial court found defendant. guilty of having amidone in her possession in violation of section 11500, Health and Safety Code, and that she suffered two prior felony convictions (narcotics and robbery). Appealing from the judgment she claims there was no probable cause for her arrest. Defendant did not take the stand; only two witnesses testified—a police chemist, who testified that exhibit 1 contained amidone, a narcotic; and the arresting officer.

Officer Hill, 12 years with the Narcotic Division of the Los Angeles Police Department, testified that — on October 11, 1961, around noon, with a search warrant authorizing him to search the person, residence and automobile of defendant in his possession, he observed defendant, whom he had seen the day before at the same location, drive her white Thunderbird automobile into a parking lot at Ralphs Market; she was alone; he drove into the lot and stopped behind defendant’s parked car; they got out of their vehicles at the same time; as he walked toward her, when he was about 5 or 6 feet away, he observed that when she saw him she dropped from her right hand several colored objects; he picked them up and found them to be balloons; with his fingers he felt a “powdery substance” inside, and through his “past experience in narcotics, and knowing the way these are usually carried,” formed the opinion that they contained a narcotic, and arrested defendant; her first statement was “Did Mel do this to me?” then, “I guess I’m dead .. . how long have you been working on me”; he showed her the search warrant; and as he started walking her to the police car saw her fumble with her waist and observed a match book cover with another balloon tucked under her belt. She admitted to him she had narcotics on her person and that she had an “outfit” at home; there he found a hypodermic needle and eye dropper.

While there is no exact formula for the determination of reasonableness, and the issue of probable cause must be decided on the particular facts and circumstances in each ease

(People

v.

Ingle,

53 Cal.2d 407 [2 Cal.Rptr. 14, 348 P.2d 577]), the general rule is: “Probable cause is shown if a man of ordinary caution or prudence would be led to believe or conscientiously entertain a strong suspicion of the guilt of the accused. ’ ’