People v. Monson

KAUS, P. J.

After a preliminary hearing the People filed a two-count information against defendant and respondent Ann Marie Monson. Count I charged her with possession of heroin (Health & Saf. Code, § 11500), count II with possession of marijuana (Health & Saf. Code, § 11530.) The superior court dismissed the information pursuant to section 995 of the Penal Code. The People appeal.

All of the evidence came from Officer Chester B. Turner of the Los Angeles Police Department. On February 14, 1966, Officer Turner showed the photograph of one William Baron Woodman to the manager of a market for identification as a possible robbery suspect. The manager identified Woodman. There had been a series of robberies at this particular market. Turner had obtained Woodman’s address from his parole officer. He went to the location with the parole officer. He knocked at the door which was opened by Woodman. Woodman was informed that he was under arrest for robbery. Defendant was seen by Turner and she, too, was placed under arrest for robbery. Both Woodman and defendant were then advised that they were entitled to the services of an attorney, that any statements made by them could be used against them in subsequent proceedings and that they had the right to remain silent. Both said that they understood the warning. Defendant then went to one of the two bedrooms in the apartment to prepare to dress her son. Turner then started a search of the apartment, searching for contraband, monies and arti

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eles taken during “the robbery.” He stated that he found money and “a great deal of paper work from the market.” Further inquiry into the results of the search as far as it was pertinent to the robbery was blocked by a defense objection.

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In a hallway closet Turner found a small pan containing a white powder which, on later examination, turned out to be heroin.

Marijuana was found in a bedroom closet which contained male and female garments.

Turner had a conversation with defendant. The substance of the conversation was as follows: Defendant had been living with Woodman three or four months. She was shooting two or three caps of heroin a day. She had been doing this for two or three weeks. She did not know whether she was “hooked.” Woodman supplied the heroin. She did not know where it came from and she more or less took it at his insistence. She did not know anything about the marijuana and had never seen it before.