People v. Walker

DRAPER, J.

Information charging defendants with illegal possession of heroin (Health & Saf. Code, § 11500) was set aside (Pen. Code, § 995) upon the sole ground that the narcotics introduced at the preliminary hearing were the product of an illegal search and seizure. The People appeal.

Agents of the Federal Bureau of Narcotics had two Chinese, Harry Chang and Nguey Chin, under surveillance as traffickers in narcotics. On the evening of December 2, 1957, they were driving an automobile in San Francisco. Two agents, following the Chinese in another car, saw them pick up defendant

[464]

Gene Walker. They then drove around “aimlessly,” “just circling” for three or four minutes, and returned to the same place where they had picked up Walker, who then alighted. The Chinese drove on. The agents followed them, and at about 9 p. m. arrested them for sale and possession of narcotics. At 2 p. m. the next day, in the course of questioning by the agents, Chang stated that the white man who had entered the car the preceding evening had bought “four spoons” of heroin. Chang said that he knew this man as “Goodman,” that he had told the Chinese that “the feds were after him and that he had moved into the Cable Car Hotel and registered under the name of Goodman.” Chang said he had been meeting and selling narcotics to Goodman every two or three days for the past month. One of the agents then returned to his office. With four other federal agents he went to the Cable Car Hotel, found that a Goodman had registered in room 404 the preceding evening, procured the key to that room, went to it, and knocked on the door. There was no answer. The agents then unlocked the door, entered, and found defendants, husband and wife, asleep in bed. One agent identified himself and told defendants they were under arrest. Defendant Ruth Walker took from a table near the bed a finger stall containing three white papers, and “tried to dispose of” it. The agents removed this from her hand, opened one of the papers, found that it contained a white powdery substance and then searched the room. Hypodermic equipment was found. When told of the agent’s conversation with the Chinese, defendant Gene Walker said “You have my connection. That is the only connection I have. ” The papers taken from Mrs. Walker contained heroin. The agents had no warrant for the arrest of defendants or for the search of their room.