Martinez v. Superior Court

KINGSLEY, J.

Defendants were arrested and charged with violation of sections 11501 and 11500.5 of the Health and

[415]

Safety Code; defendant De La Loza was also charged with a violation of section 11530 of that code. They made seasonable motions to dismiss the information, pursuant to section 995 of the Penal Code, and to suppress certain evidence, pui’suant to section 1538.5 of that code. Both motions were denied and they petitioned this court for a writ of mandate to compel the granting of their motion to suppress and for a writ of prohibition to prevent their trial. We granted an alternative writ of mandate, directed to the denial of the motion to suppress ; subsequently we issued an order to show cause directed to the portion of the petition which sought (without specifically citing section 999a) a writ of prohibition.

The facts of the case are as follows:

Deputy Sheriff Figueroa testified that he was assigned to the narcotic bureau for 11 months with prior experience in narcotics investigations; that he had been a deputy sheriff for 13 years. On March 5, 1968, Figueroa received information from a confidential informant that a person named Marcos, who lived at 732 South Belden, was selling heroin. As a result of this information the Belden location was placed under surveillance on two different occasions. On March 25th. Figueroa was contacted and received information from a confidential reliable informant to the effect that a Loco Louie, or Louie Martinez, was selling heroin from a location at 3919 Langford. This was a different informant than the one who had given Figueroa the March 5th information. The second informant. Frank Madrid, was reliable because he had previously provided Figueroa with information that resulted in arrests and convictions in three different narcotics cases within the past eight months preceding the time he testified. Madrid volunteered to attempt to purchase heroin from Loco Louie and further told Figueroa that if the seller were to see any strangers or peace officers in the vicinity, he would attempt to dispose of any contraband which he might have.

Figueroa further testified that, in his experience with narcotics and particularly heroin, suspects would often flush it down toilets or wash' down drains to prevent its seizure; that this was very common in the narcotics field. Prior to Madrid’s making his buy he was thoroughly searched and given $30 in county funds, the serial numbers noted. Madrid was then followed to the Langford address where he honked his horn. He met Martinez who came out of the Langford address. Martinez then went back into the house—after apparently talking to Madrid for about five minutes. After this occurred, Madrid