People v. Kipp

FOURT, J.

This is an appeal from a judgment of conviction of possessing marijuana.

In an information filed in Los Angeles on June 18, 1965, defendant was charged with a violation of section 11530, Health and Safety Code, in that she did have possession of marijuana on about April 1, 1965. She pleaded not guilty. Defendant made a motion to quash the search warrant and that matter was argued before the court and the motion was denied. The cause was then called for trial and each side stipulated to the waiver of a jury trial and it was also stipulated that the “. . . [cjourt may read and consider the transcript of this preliminary hearing; [i] t be deemed the witnesses there sworn and testified appear here under oath and testify as they did at the time of the preliminary hearing; [t]hat all motions, objections, and stipulations entered into be in force and effect before this Court.' ’

The court read the record and found defendant guilty as charged. An application for probation was made and the same was granted. On January 14, 1966, the imposition of sentence was suspended, defendant was placed on probation for two years upon the conditions, in part, that she pay a fine of $200, not possess any narcotics and stay away from places where addicts congregate, not associate with users or sellers, maintain lawful employment and obey the laws. On the same date she noticed her appeal. A timely notice of appeal was filed.

Police officers of the Los Angeles Police Department secured a search warrant to search the dwelling house at the rear of 9034 Dorrington Avenue, Los Angeles. Officer Bennett of the Los Angeles Police Department and Deputy Sheriff Serio went to the house at about 2 p.m. on April 1, 1965. As Officer Bennett approached, the door of the house was opened by a boy who later was found to be a juvenile. Officer Bennett told the boy who he was by saying, “. . . ‘I’m a police officer, City of Los Angeles. ’ ” and attempted to show the boy the search warrant for the location. The boy attempted to slam

[471]

the door; however, the officer held the door open with his foot while he obtained his badge and the search warrant and exhibited them to the boy. Defendant was seen in the house at about this time and the officers entered the house.