People v. Collins

FOX, P. J.

Defendant was convicted of violating section 11500, Health and Safety Code (possession of heroin). He has appealed from the judgment.

Narcotic Agent Diaz, accompanied by Agent Pizzo, went to a hotel at 148 South Figueroa Street in Los Angeles to make a narcotics investigation. They had been informed by Agent Velasquez that defendant Collins, who lived there, was engaged in narcotics activity. The manager of the hotel informed the officers that Collins lived in room

409;

that he was not in his room but was visiting a friend—a Mr. Nash— in Room 215. The officers proceeded to Room 215. Officer Diaz knocked on the door. Nash opened the door. The officers identified themselves as “police officers.” Diaz “asked if Mr. Collins [defendant] was there.” Nash “stepped aside” and replied, “Yes, right over there.” While still outside the door Diaz observed defendant near a table with a hypodermic needle and some paper in his left hand. The officer formed the opinion that defendant was either preparing to take an injection or was cleaning up the outfit after having taken an injection. The officer entered immediately, “grabbed the defendant’s left hand and told him he was under arrest. The defendant struggled a short while and then relaxed.” Upon opening his hand the hypodermic outfit again came into view along with an eyedropper. A spoon with wet cotton in it was on the table. This indicated to the officer that defendant had just had a “fix” with this outfit. The officer who was experienced in detecting heroin made a field test of a portion of the cotton that was in the spoon with a substance for that purpose

[153]

that he had.on his person and determined that it contained heroin. The residue in the spoon also proved to he heroin. It was stipulated that “the contents of the spoon are heroin.”

Defendant admitted the outfit was his. In response to an inquiry as to how much he had paid for the narcotics he replied: “I got a real bargain; I got $8.00 worth for $4.00.” Defendant denied having any more narcotics in the room.

The officers had neither a warrant for defendant’s arrest nor a search warrant.