People v. Collin

COUGHLIN, J.

The defendant was convicted of the offense of possession of marijuana, and appeals.

On October 22, 1963, the defendant was tried before the Crest Forest Justice Court for violating certain boating laws; represented himself; was found guilty; was sentenced to 15 days in the county jail; and was fined $50, the payment of which was suspended on a probationary basis. During the course of the trial the judge observed that the defendant appeared to be nervous and uneasy; had difficulty in focusing his eyes; and also had difficulty in understanding questions put to him. After pronouncement of judgment defendant became very nervous, highly agitated, and started to cry; was unable to post bail; and was placed in custody by court order. Previously, a deputy sheriff present at the hearing also noticed that the defendant appeared to be nervous and upset; felt that he could have been under the influence of narcotics; and called the vice squad of the sheriff’s office, in response to which a deputy attached to the narcotics division of that office appeared on the scene. Following placement in custody the defendant was interrogated by the latter officer, who concluded he was under the influence of some type of drug. Further interrogation elicited the statement that he was “high” on methedrine, for which he had a prescription. Consent to search his automobile was obtained and a search thereof conducted. Thereupon the deputy asked his fellow officers if they had “checked” the defendant thoroughly, since he was in custody, and received a negative reply; searched him

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noticed a bulge along his waist band; and found therein a Viceroy cigarette package with three hand-rolled cigarettes containing marijuana, one of which was partially

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burned. Thereafter the defendant was interrogated further respecting the acquisition of these cigarettes, his use of methedrine, and certain articles removed from his automobile. The record does not indicate that he had been advised of his right to counsel and to remain silent. During the interrogation following discovery of marijuana upon his person, he stated that he had purchased the cigarettes that morning; indicated that he had used marijuana in the past; related a history as a narcotic addict and treatment therefor; gave other information indicating knowledge of the narcotic character of marijuana and the cigarettes in his possession; expressed the belief that the officers thought they were going to find heroin in his possession, but were mistaken; told them that they could get a conviction of possession of marijuana; and related many events and so conducted himself as to support the conclusion that he was fully aware of what then was taking place.