People v. Okamoto

HERNDON, J.

Convicted in a nonjury trial of unlawful possession of narcotics, appellant appeals from the judgment, urging that the incriminating evidence was illegally obtained in that the officers induced him to consent to a search of his apartment by falsely telling him that they suspected him of being guilty of one crime, whereas, in truth, they actually suspected him of an entirely different type of crime.

An hour or so before appellant was arrested, Officer Lavold, one of the arresting officers, had interviewed two persons whom he had arrested for burglary. These persons admitted that a number of men’s suits found in their possession had been stolen, and stated that a Mr. Okamoto, who was a bartender at a certain bar, “handled” the property for them. They further stated that they had just sold six suits to the operator of the bar previously referred to, and that he probably still had them. On the basis of this information, Officer Lavold and two other officers went to the location of said bar and, finding appellant there, identified themselves as police officers. They then told appellant that they understood he was “running girls out of the house upstairs.” Appellant replied: “come up and I’ll show you that my wife and I share the premises upstairs, and we don’t let any girls up there at all.”

After walking up the stairway to the second floor, the officers asked appellant if he had any suits on the premises and he replied that he had. Appellant and the officers entered the back door of the apartment, appellant using his own key to gain entry. The officers immediately observed several suits, the sleeves of which bore store labels indicating that they were

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new suits. When asked how he came into possession of these articles, he answered that he had bought them from a colored fellow; that he realized that they were stolen property and that he had been making a few dollars handling them and selling the property to his friends. Appellant was placed under arrest following this statement. He was then asked if he had any other property which he had purchased in the same manner. He answered that he had purchased some other things which had been offered him across the bar, mentioning a tape recorder, an air conditioner, a radio and "different things like that.” He further stated that the officers were welcome to look around and see. The officers then proceeded to search the premises, finding some 10 items, including those which appellant had mentioned. In addition, Officer Lavold found in a small cabinet in the front room a brown paper bag containing a substance later identified as marijuana. When asked what the contents of the bag were, appellant answered that it was marijuana, but that he kept it only for his own use and didn’t peddle it.