People v. Mitchell

California Court of Appeal Jun 6, 1967 No. Crim. 11780Published

Before: Kingsley

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Holding. The court held that the defendant's arrest was unlawful because the prosecution failed to provide evidence that the defendant matched the description of the individual named in the indictment, rendering the subsequent search and statements inadmissible.

Issues

Whether the prosecution met its burden of proving probable cause for a warrantless arrest based on a description in an indictment.
Whether a search conducted following an unlawful arrest and purported consent is valid.
Whether statements made by a defendant following an unlawful arrest are admissible as fruits of that arrest.

Disposition. reversed

Quotations verified verbatim against the opinion

“In an arrest without a warrant, the prosecution has the burden of showing justification.”

“If the arrest was not lawful, it cannot be the basis for a lawful search.”

“Since the arrest was unlawful, the statements made by defendant after his arrest were obviously fruits of that arrest.”

KINGSLEY, J.

Defendant was charged by information with violation of section 11530 of the Health and Safety Code (possession of marijuana) a felony, and with having been previously convicted of a crime in violation of section 23105 of the Vehicle Code, a misdemeanor. Defendant pied not guilty, admitted the prior, waived jury, and was found guilty as charged. After examination pursuant to section 6451 of the Penal Code (now Welfare and Institutions Code section 3051), defendant was found to be addicted to, or in imminent danger of being addicted to, narcotics. Criminal proceedings were adjourned and defendant was committed to the Department of Corrections. Defendant was thereafter returned from the Narcotic Rehabilitation Facility pursuant to a writ of habeas corpus. On June 9, 1965, a probation and sentence hearing was held and a supplemental probation report ordered. On July 2, 1965, judgment was passed, probation was denied and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals.

On December 8, 1961, police officers went to a location to arrest Albert Stakes, who was listed on a grand jury narcotics indictment list. The officers observed Stakes in a room and arrested him.

Following the arrest of Stakes, Officer Higgins turned to defendant, who had been standing in the doorway talking to

[643]

Stukes. The officer then looked at defendant, cheeked the narcotics list, and concluded that a John Doe Number 9 on the list fitted the description of the defendant. Defendant was placed under arrest and handcuffed.

Officer Higgins asked defendant if there were any narcotics in the apartment. Defendant said he didn’t think so but he could look around. The officer found eight brown paper wrapped cigarettes, a hypodermic needle and two packages of zig-zag wheat paper in the nightstand drawer. A conversation took place

and defendant said that he bought the marijuana for his own use, that he didn’t sell it, and that he had forgotten who he bought it from or how much he paid for it. He stated also that he used the “outfit” to “shoot a little stuff” and that the outfit was his.

People v. Mitchell

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KINGSLEY, J.

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