People v. Limon

[516]

HUFSTEDLER, J.

Limón appeals from a judgment convicting him of violating section 11500.5 of the Health and Safety Code (possession of heroin for sale), entered March 10, 1966. The information against Limón and his two codefendants charged Limón with violating section 11500.5 and with at least three prior felony convictions. Limón initially denied the priors, but at the time of trial admitted them. At the same time Limón moved to suppress evidence on the ground that his arrest and the attendant search and seizure of the heroin were illegal. The motion to suppress was denied. Limón waived trial by jury. The cause was tried and Limón was found guilty as charged. On March 1, 1966, the court denied Limón’s motion for a new trial, denied probation, struck the priors, and sentenced him to state prison for the term prescribed by law.

Limón’s sole contention on appeal is that the court erred in denying his motion to suppress because the heroin was obtained as the result of an illegal search. The search was illegal, he contends, because the search which uncovered the narcotics was made without a warrant and in violation of the provisions of section 844 of the Penal Code.

1

Summary of the Evidence

Because the sole issue relates to the legality of the seizure of the heroin, it is unnecessary to summarize any of the evidence other than that which surrounds Limón’s arrest and the seizure of the contraband.

Some time prior to October 19, 1965, Sergeant Dorrell, a Los Angeles police officer assigned to the Narcotic Division, received information from an unidentified source that Limón was selling narcotics. Sergeant Dorrell made a records check and found out that Limón was a parolee. Among the conditions of Limón’s parole were that Limón could not change his address, drive a car, or own a ear without his parole officer’s permission. Sergeant Dorrell checked with the Department of Motor Vehicles and learned that a black, 1958 Ford automobile was registered to Limón. He visited the apartment building in which Limón was reported living and talked to the managers of the building, who told him that although the apartment was in the name of one Mary Summers, Limón