People v. Herman

PETERS, P. J.

Defendant, Grover Herman, also known as Harmon, was charged with unlawful possession of heroin, and with four prior felony convictions. He admitted three of the priors, and the fourth was dismissed on motion of the prosecutor." The case was tried before the court without a jury, and defendant was found guilty. On this appeal he

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urges that his arrest, the search of his person, and the search of his home were illegal.

The sole witness was Officer Logan of the San Francisco Police Department. He testified that for about a month prior to October 11, 1957, the police had defendant’s residence on Green Street in San Francisco under surveillance. During this period persons were seen to enter and to leave the premises who were known to the police as narcotic addicts. About 7 p. m. on October 11, 1957, an informant, who had been known to Officer Logan for three and a half years, told Logan that defendant was going to make a delivery of heroin that night near Union and Columbus Streets at about 10 p. m., and that defendant usually carried the narcotics in his pocket. During the period Logan had known this informant the latter had supplied the officer with quite a bit of information which had always been found to be reliable. On the faith of such information several arrests were made and a considerable amount of narcotics discovered.

Logan and several other officers, after receiving this information, proceeded to defendant’s residence and kept it under surveillance. At about 10 p. m. defendant entered his residence and in about five minutes came out and started to walk west on Green Street. He stopped and talked with a man who got out of an automobile parked on Green Street, and then proceeded towards Powell Street. When he reached that area the officers stopped him. The officers identified themselves as such and Logan placed the defendant under arrest. Logan did not tell defendant the cause for the arrest. The officers then searched defendant. In one of his pockets two small Manila envelopes were found. It was stipulated that one envelope contained 90 grains of heroin, and the other 47 grains.

Logan and another officer then proceeded back to defendant’s residence, defendant in the custody of a third officer, following them. As they approached the door, a man—the man to whom defendant had talked a short time before—arrived with a package of beer. As the officers arrived at the door of defendant’s house it was opened by a man who identified himself as one Marchesi. Marchesi was told that Herman had been arrested. Logan asked Marchesi if he lived with Herman. Marchesi replied that he did not, but “I stay here from time to time.” Logan then said that defendant would arrive in a minute and that the officers wanted to come in and look