People v. Hodson

JEFFERSON, J.

In a trial without a jury (the matter being submitted on the transcript of the preliminary hearing), defendant was convicted by the court of possession of marijuana (Health & Saf. Code, § 11530), and was committed to the Youth Authority for the term prescribed by law. He appeals from the judgment. The single contention on appeal is that the evidence used to convict him was the product of an illegal search and seizure.

The following evidence was presented: Police Officer Martin had received information that three girls and two men were engaged in narcotic activities at 133 Roseland, Montebello. On July 28, 1962, at approximately 2:45 a.m., Officer Martin, with two other officers, went to investigate. Officer Martin knocked on the door. A male voice (later identified as defendant) answered “Who is it?” The officer replied, “The manager.” Defendant asked, “Can’t it wait?” The officer said, “No, I’d like to speak to you now.” In a few moments, defendant opened the door. Officer Martin observed that there were three women in the room with defendant. He inquired as to the whereabouts of the “other man.” Defendant advised him that no other man was there. Martin then asked defendant, “Do you mind if I take a look?” Defendant said “No, come on in.” The officer entered, looked around the apartment, but did not find the “other man.” He then asked

[556]

defendant and the three girls in the apartment for some identification. Defendant and two of the girls complied with this request. The third girl. Marguerite Chavez, told the officer that her identification was outside in the car. Martin noticed a purse near Miss Chavez. He asked if it belonged to her and if she had some identification in it. She said “Yes,” and proceeded to examine the contents of the purse. She then said, “Well, it’s not here.” The officer asked “Well, may I see?” She replied “Yes.” He then asked if she “wouldn’t mind dumping the contents of the purse on the table.” As she did so, a folded newspaper, a brown manila bag and a handrolled cigarette fell from her purse. The hag, the newspaper and the handrolled cigarette all contained a green, leafy substance, which was determined according to later chemical analysis to be marijuana. Defendant and the three girls were arrested and transported to the police station. A later search of the apartment uncovered various fragments of narcotics and narcotic paraphernalia.