People v. Rodriquez

SHINN, P. J.

Edward Rodriquez appeals from a conviction, in a nonjury trial, of two counts of violating the Health and Safety Code, section 11500, possession of narcotics.

Certain evidence, including two capsules of heroin and a

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hypodermic needle in a mateheover, was introduced over objection. The evidence was obtained as a result of two separate searches and seizures, about three weeks apart, at the home of the defendant’s estranged wife. The defendant was not living there at the times of the searches and seizures although he occasionally visited there.

During both searches the officers had no warrant in their possession, nor was there any outstanding against the defendant. On October 23, 1960, at about 6 p.m. according to the testimony of Officer John L. White, three police officers including himself went to the address to locate Gerald Strong. They had received information that he was living there, that he and defendant were using narcotics there, and that a felony warrant charging Strong with hit and run was outstanding. One of the officers asked if they could come into the house and Mrs. Rodriquez answered “Yes.” After entering, Deputy White asked her if Gerald Strong and defendant lived there; “She stated that Eddie and Jerry did not live there; that they dropped by occasionally. I asked her if Eddie maintained his clothing and shaving gear, et cetera, at the house. She stated that he had a few things there. I asked her if she used narcotics and she became angry, stating, no, she did not use narcotics. I asked her if I might look at her arms. She extended her arms and said, ‘Go ahead and look, you will find nothing.’ I asked her if there were any narcotics in the house. She stated there was not; that she was violently opposed to narcotics in any form and would not tolerate them in the house and if she ever found any, she would put them in the toilet and flush them. ... I then asked her if I might look around. . . . She stated that, I believe her words were, ‘Go ahead. There is nothing here. There are no narcotics here.’ . . . The first thing I did, I believe was peer in the closet, the door being open, and noted several articles of clothing, male clothing hanging on hangers with price tags and manufacturers’ tags dangling from the clothing. I went through the clothing in the closet, removing all of the new articles, placing them on a bed. I searched through the pockets of various articles of clothing. In the pocket of a tan sport jacket, I found a small, clear No. 5 gelatin capsule containing approximately, I would say it was approximately a quarter full of a tan powder.” The capsule was subsequently found to contain heroin.