People v. Ruse

BROWN (Gerald), J.

Defendant George Ruse appeals from a judgment convicting him of possessing marijuana (Health & Saf. Code, § 11530). He admitted a prior felony conviction.

Officer Wood of the San Diego Police Forgery Detail had been investigating the defendant, suspected of passing bad checks. The investigation produced several dishonored checks and a complaint by the manager of a ear rental agency that defendant had an overdue car.

Without a warrant, on July 3, 1963, Officer Wood arrested defendant outside a motel. The officer told him “he was under arrest for checks and car theft.” (Pen. Code, §§476 and 487, subd. 3.) He recognized defendant from a photograph; defendant admitted his identity at the time, but had no identification on his person. Upon suggestion, defendant permitted Officer Wood and three other officers entry into his room for the purpose of obtaining identification. A search of the room produced marijuana. Defendant contends the marijuana was the product of an illegal search and seizure.

An arrest without a warrant by a peace officer is justified where a public offense is committed in his presence or if the arresting officer has reasonable cause to believe that the person arrested has committed a felony. (Pen. Code, §

836; People

v.

Simon,

45 Cal.2d 645, 648 [290 P.2d 531] ;

People

v.

Privett,

55 Cal.2d 698, 701 [12 Cal.Rptr. 874, 361 P.2d 602].)

When the record reveals an arrest is made without a warrant, the burden rests upon the prosecution to show justification.

(Badillo

v.

Superior Court,

46 Cal.2d 269, 272 [294 P.2d 23];

Tompkins

v.

Superior Court,

59 Cal.2d 65, 67 [27 Cal.Rptr. 889, 378 P.2d 113] ;

People

v.