People v. Hilliard

TAYLOR, J.

Appellant, Raymond Hilliard, was charged by information with possession of a deadly weapon by an ex-felon in violation of section 12021 of the Penal Code and three prior convictions. Appellant admitted the three prior felony convictions. On this appeal from the judgment rendered on the jury verdict finding him guilty as charged, he contends that the evidence on which the conviction is based was erroneously admitted as it was the result of an unlawful search and seizure and that his alleged confession was likewise erroneously admitted. There is no merit in either of these contentions.

Viewing the record most favorably to the judgment, as we must, the facts are as follows: About 2:30 a.m. on May 19, 1962, Officers Tyree and Eden of the San Francisco Police Department, were in uniform walking west on the south side of Ellis Street in the block between Fillmore and Steiner Streets. As they stopped to talk to someone in front of the Day and Night Cafe at 1611 Ellis Street, they saw the appellant. The appellant was talking to two men in front of 1641 Ellis Street. The officers recognized the appellant from previous meetings and began walking toward him. There was nothing unusual about the appellant’s conduct or appearance.

As soon as the officers approached him, the appellant began to walk away. He walked about 30 feet and looked back at the officers and then began to run. He ran west on Ellis Street, then south on Steiner Street, and ducked into a recessed area in front of a building out of sight of the pursuing officers for about three to four seconds. The officers saw the appellant again as he left the recessed area and ran south on Steiner Street. The officers were about 10 to 15 feet behind the appellant and ordered him to halt, as they wanted to talk

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to him. The appellant slowed down and the officers caught up with him about 10 to 15 feet from the recessed area.

The officers did not question the appellant at that time but returned to the recessed area. Almost immediately, the officers found a pistol under some paper and debris. Although the recessed area was dirty and littered with debris, the pistol was clean and free of rust and warm to the touch despite the coldness of the night. After the appellant denied any knowledge or ownership of the pistol, the officers placed him under arrest and telephoned for the police wagon. While waiting for the wagon to arrive, the officers turned their backs on the appellant. The appellant escaped for a few moments and hid underneath an automobile in a parking lot on Ellis Street. Subsequently, the appellant was removed to the police station and booked on suspicion of violating section 12021 of the Penal Code.