People v. Lopez

WOOD, P. J.

In a non jury trial the defendant was convicted of unlawful possession of marijuana. She appeals from the judgment.

Appellant contends that the arrest, search and seizure were unlawful; that there was no probable cause for the arrest or search; and that the search was not an incident of a lawful arrest.

Officer Cline, a police officer of Los Angeles, testified that about March 1, 1960, he and Officer Conroy (a police officer) received information from Officer Thompson, who is an agent of the Treasury Department of the United States (Secret Service Division) that Glorya Lopez, also known as Glorya Campensano, was wanted by the “Treasury Department of the United States Secret Service” on a charge of stealing and forging checks; they (Officers Cline and Conroy) had two or three conversations with Agent Thompson by telephone, and they talked with him personally in their office; Agent Thompson did not tell them there was a warrant for the arrest of said person, and they did not ask him whether there was a warrant; the last time he (Officer Cline) and Agent Thompson discussed the Glorya Lopez matter prior to the arrest (on August 4, 1960), was three or four weeks prior to the arrest; he (witness) had information from Agent Thompson that Glorya Lopez was wanted for forged or stolen checks ; as far as his office is concerned he “had her made on some checks” and “he wanted her picked up”; they (officers) acted on the information and made the arrest; that if he (witness) as a policeman receives information that a person is wanted, and if he comes across that person and has knowledge that he is wanted for a crime, he places him under arrest.

He testified further that on August 4, 1960, about 12:30

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a. m., when he and Officer Conroy entered a bar on Brooldyn Avenue in Los Angeles he saw the defendant, Glorya Lopez, who was seated on a stool, and he asked her if her name was Glorya Lopez; she replied, “Yes”; he asked if she was also known as Glorya Campensano; she replied, “Yes”; he said: “You are under arrest for forgery of government checks. There is a warrant for you from the United States Secret Service”; the officers transported the defendant to the police station for further investigation; and caused her to be searched; he (witness) found, in her purse, two marijuana cigarettes, three seconal pills, and seven benzedrine tablets, which were in a piece of Kleenex or toilet paper; he asked her where she got those things; she said that a fellow by the name of Shorty came in around midnight and gave them to her; the search was made for the purpose of determining whether she was carrying contraband and whether she was in possession of any checks or equipment that might be connected with the charge of forging or stealing checks.