People v. Camerano

FOURT, J.

—Gerald Albert Camerano and Henry Camerano appeal from the separate judgments by the court, sitting without a jury, convicting each of them of possession of heroin in violation of section 11500, Health and Safety Code.

Appellants, who are brothers, were jointly tried and by stipulation the case was determined on the transcript of the joint preliminary hearing. The record establishes that each of the brothers possessed a substantial quantity of heroin.

During the latter part of February 1966, Officer Penn R. Weldon was informed by Jerry Martin, in the presence of Detective Luciano, that on separate occasions Martin had purchased heroin from one or the other of two brothers known as “Grumpy” and “Jerry” who were operating in the South San Gabriel area. Martin knew that Jerry lived on Hershey Street and that Grumpy lived on Young Street, and he gave Grumpy’s telephone number to Officer Weldon. Officer Weldon ascertained that the telephone number was listed at an address on Young Street, that Grumpy’s real

[864]

name was Henry Camerano, and that “Jerry” was Gerald Camerano. A couple of weeks later, Detective Luciano notified Officer Weldon that a narcotics addict recently taken into custody said he had been “scoring heroin from Grumpy” at the same telephone number.

On the information supplied by both informants, Officer Weldon obtained a search warrant and at around 3 a.m. on March 4, 1966, accompanied by several other officers, he visited and forcibly entered Gerald Camerano’s garage apartment. Although the officers heard no sounds when they arrived, there was a bright light burning in the bathroom which illuminated the interior of the apartment. When the officers entered Gerald Camerano ran out of the bathroom and was presented with a search warrant. The officers proceeded with the search. In Gerald’s bedroom they found narcotics equipment and colored balloons containing a tan powder which was later analyzed as heroin; they found three milk sugar cans in the kitchen cupboard. The officers then placed Gerald under arrest, advised him of his constitutional rights, and asked whether he had any brothers living in the area, which he denied.

About an hour after they had completed the search and arrest of Gerald Camerano the officers went to Grumpy’s address on Young Street. When they arrived they saw a young man drive into the garage; they stopped him and asked whether he knew the Camerano family. The young man knew the Cameranos, pointed out their home and identified their car, a 1965 two-tone Chevrolet previously described by the informant, which was parked in the drive. The officers, whose suspicions had been confirmed by Gerald’s arrest, approached and forcibly entered his brother’s home where they found Henry Camerano in bed with his wife. Officer Weldon then announced that he was making a narcotics search, apprehended the narcotics paraphernalia lying on a table just inside the bedroom door, which included several balloons containing heroin, then placed Henry Camerano under arrest. Officer Weldon testified that one reason he did not knock before entering either Henry’s or Gerald’s residence was that he believed there was a strong possibility that the occupants might dispose of any narcotics on the premises before admitting him.