People v. Quinn

WOOD, P. J.

Defendant Quinn and Anita Woien were accused of unlawfully possessing heroin. In a non jury trial Quinn was convicted, and Woien was acquitted. Quinn appeals from the judgment and sentence.

Appellant contends that the court erred in receiving certain evidence (including heroin) in that it was obtained by illegal search and seizure.

Upon stipulation, the People’s case in chief was submitted upon the transcript of the preliminary examination. Certain exhibits for identification (Nos. 1, 2, 3, 4, 5), referred to in the preliminary transcript, were offered in evidence at the trial. Those exhibits included 10 capsules of heroin, a rubber finger-stall, spoon, eye dropper, and needle. Defendants objected (at the preliminary examination and the trial) to the offer of said exhibits in evidence on the ground that they were obtained by illegal search and seizure. The objection was overruled. The defendants did not testify at the preliminary examination or the trial, and no testimony was offered on behalf of either of them.

On June 22, 1960, about 2 p. m., Officer Ervin went to an apartment house at 1242 South Menlo Avenue in Los Angeles in response to a radio call regarding a disturbance. When he arrived there he saw a man on the sidewalk in front of the house. The man said he was the manager of the apartment house and that he had made the radio call. The man took a key from his pocket, opened the door of an apartment at that address, and asked the officer to enter. The officer entered the

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apartment and sat on a couch. Then the man said: that he had been having trouble with the occupant of the apartment, who was a girl about 20 years of age; that when she rented the place it was understood there would be no other occupant; that on various occasions he had observed hard-looking characters entering and leaving the apartment at all hours of the night; that he believed there was something wrong and that the persons were narcotic addicts. While he was on the couch he observed some capsules and large matches on a desk. The capsules contained a white residue which resembled heroin. The matches were the type used by narcotic addicts in heating a spoon. He did not take anything from the apartment. He gave this information to Officers Brown and Kilgo.