People v. Towner

STEPHENS, J.

Defendant Towner and codefendant Watson were charged by information with violation of Health and Safety Code, section 11911 (possession of a dangerous drug for sale). Defendant pleaded not guilty and waived her right to trial by jury. The matter was submitted on the testimony contained in the transcript from the preliminary hearing, subject to the court's rulings, with each side reserving the right to present additional testimony. At the conclusion of the trial the court found the defendant guilty of violating section 11910 of the Health and Safety Code (possession of a dangerous drug), a lesser but necessarily included offense. Defendant was sentenced to one year in the county jail. She appeals from the judgment.

The sole contention on this appeal is that the arresting officers did not have probable cause to arrest defendant and therefore the contraband seized incident to the arrest is not admissible into evidence.

Officer White of the Los Angeles Police Department, one of the officers participating in the arrest, testified in substance that he was experienced in narcotic control police work; that he had made numerous arrests for narcotics violations at the same location and on previous occasions had seen the defendant there; he had information from businessmen and residents of the area, as well as from police undercover agents concerning the activities of the defendant and codefendant; he also had been in contact with codefendant and had reviewed codefendant’s police department records concerning dangerous drug activity. He further testified that on June 4, 1966, at about 9:30 p.m., he was observing an area of the 5900 block of Avalon Boulevard in Los Angeles. The area under observation was illuminated by the lights of a liquor store. He was on the roof of a mattress factory on the other side of the street from the store. The roof location was approximately 100 feet across from the observed area, and 35 feet up from the ground. At about 9 :45 p.m. he observed a man walk up to the defendant and then hand her something. She placed it in her pocket. She then turned to the south, placed her hand in the area of her breast, and then appeared to hand something to the man. At that time codefendant walked up to defendant and the two walked over to a car; the defendant got in and the car was

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