People v. Alvarado

FILES, J.

This is an appeal from a conviction for unlawful possession of heroin and marijuana in violation of sections 11500 and 11530 of the Health and Safety Code. The sole question here is the legality of the search by which the contraband was discovered.

Appellant waived a jury trial and stipulated that the cause be submitted to the trial court on the evidence received at the preliminary hearing, but subject to objections as to admissibility. Appellant did not testify, and no evidence was offered on his behalf.

Los Angeles Police Officer Hill testified that at about 7:15 p. m. on January 10, 1961, he and his partner “staked out” to watch a particular dwelling house in Huntington Park in the course of a narcotics investigation. Approximately 30 minutes later an automobile stopped in front of the residence. One of the occupants of the car walked down the driveway to the rear of the residence and returned about three minutes later. Officer Hill approached the man and identified himself. The automobile drove off at high speed with its lights out. The man in the driveway told Officer Hill " that he had come over to score from Alvarado. ’ ’ He said he knew that Alvarado had scored heavily, that Alvarado was not at home and he was going to come back later that night. Officer Hill observed that this man was under the influence of narcotics and arrested him.

At about 8 :30 p. m. the officers observed the appellant drive up and park his ear and enter a side door of the house. Officer Hill went to the front door and knocked. He was admitted by a woman who identified herself as the landlady. Officer Hill told her he was conducting a narcotics investigation of a person who was known as John Alvarado, She said she had

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a person renting a rear room under the name of Mendez. TTiP described Alvarado, and she said that met the description of Mendez. She then took the officers back through a hallway, where they met appellant as he stepped out of his room into the hall. Appellant was wearing a pullover sweater. Officer Hill said, “Police officers conducting a narcotics investigation. ’ ’ Officer Hill then asked appellant if he was a user, and the appellant answered, “Yes.” The officer then asked appellant, “Will you take your sweater off so I can see your marks ? ’ ’ Appellant complied. There were fresh needle marks on both arms.