People v. Tovar

California Court of Appeal Jan 26, 1966 No. Crim. 11200Published

Before: Kingsley

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Holding. The court held that the defendant's warrantless arrest and subsequent search were unlawful because they were based on information from an untested informant that was not sufficiently corroborated by independent police investigation. Consequently, the conviction must be reversed because the illegally obtained evidence was integral to the trial court's finding of guilt.

Issues

Whether the arrest of the defendant was supported by reasonable cause when based on information from an untested informant.
Whether the verification of non-incriminating conduct is sufficient to establish probable cause for a warrantless arrest.

Disposition. reversed

Quotations verified verbatim against the opinion

“The only information tending to connect Tovar with the sales at Belmont was the information given the officers by Mitchell—an informant whose reliability was untested”

“We do not feel that this single bit of data, as to conduct not prima facie incriminating, was enough to cause a reasonable man to regard Mitchell's self-serving statements as tested to a point justifying a warrantless arrest and search.”

“It follows that the conviction on both counts must be reversed.”

KINGSLEY, J.

Defendant was charged, in two counts, with possession of marijuana (Health & Saf. Code, § 11530), and sale of marijuana (Health & Saf. Code, § 11531). A motion to dismiss, under section 995 of the Penal Code was made and denied. Defendant pled not guilty and, after a trial to the court (jury trial having been duly waived) he was found guilty; a motion for new trial was made and denied; probation was denied; and defendant was ordered committed to the Youth Authority. He has appealed.

The police were engaged in investigating sales of narcotics at and near Belmont High School, in the City of Los Angeles. They had arranged with the vice principal of the school, Mr. Condit, that Officer Tawes would act as an undercover operative, seeking to identify peddlers; that Officer Tawes would give to Mr. Condit any information thus secured and that Mr. Condit would relay that information to Sergeant Zappey. During the course of this investigation, Officer Tawes had several transactions with a student named Darrell Mitchell, in the course of which Mitchell sold Tawes marijuana cigarettes, and, in conversations, told the officer that his source of supply was a fat Mexican named Tovar,

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who employed Mitchell to sell marijuana to students for a commission.

On the morning of November 17, 1964, Mitchell approached Tawes with an offer to sell more marijuana. Tawes arranged to meet Mitchell and make the purchase after school that afternoon. Tawes notified Condit of this arrangement and Condit passed the information along to Sergeant Zappey. On orders from the latter, other officers came to the school and arrested Mitchell, who was found to be in possession of a quantity of marijuana. Under interrogation,

Mitchell told the officers that he had obtained the marijuana from Tovar, pointed out the place where Mitchell believed Tovar lived, and told them that Tovar usually caught a morning bus at the intersection of Beverly Boulevard and Park View. At 7:45 a.m. the next morning the officers arrested Tovar at this intersection, took him to the police station, where a search of his person disclosed him to be in possession of a plastic sack containing marijuana cigarettes.

People v. Tovar

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KINGSLEY, J.

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