People v. Velis

FOX, P. J. Defendant was convicted of possession of heroin in violation of section 11500, Health and Safety Code. He appeals from the judgment and from the order denying his motion for a new trial.

Officer Virgin, of the Los Angeles Police Department, received information from a confidential informant, whose help had resulted in previous narcotic arrests and convictions, that traffic in narcotics was being carried on at 804 Bartlett Street. The informant took the officer to the address where defendant lived. He told the officer that the defendant was dealing in narcotics and that his operations were as follows: that persons would either drive or walk up to the house, either call to the defendant or honk a horn, and then go down the street and wait for him, and he would then come down from his house, walk to the car or to the person, take their order, and return to the house, and, when he returned, he would have the narcotics with him with which to fill the order.

On the evening of June 26, 1958, Officers Virgin and Cook went to this location shortly after dark and took a vantage point from which they observed a vehicle come to the house, honk the horn, and then move on down the street. Defendant thereupon approached this vehicle, talked to the passenger in the car, and returned to the house. When he went into the house, the officers took a position near the corner of the house. As defendant came out a few moments later he was placed under arrest, although he attempted to run. During a struggle that ensued he swallowed some object. The officers asked what he had swallowed. He stated that he had swallowed “four caps.” He did not have any narcotics on his person. Upon being taken back into the house, the officers inquired “where the rest of it was hidden.” He said it wasn’t “hidden in the house but on the outside.” Defendant then took the officers outside and indicated that it was hidden underneath a pile of rubbish. A search revealed nothing; defendant indicated he was just attempting to fool them. He was then returned to [472]the house and again asked where the narcotics were. He took the officers to the bathroom and pointed out a small piece of tissue paper over the ledge of the door of the bathroom. It was found to contain one capsule of a whitish powder. Further search of the ledge revealed another such capsule. Upon searching the rear bedroom, the officers found a latex balloon which contained approximately 50 similar capsules. The officers then inquired whether that was all of his stock. He said “No,” and then took them to a bedroom in the front portion of the house and said, “In a sock in the top drawer you’ll find the rest of it. ” He pointed out a brown sock, from which the officers removed a latex bag containing 15 capsules. Examination by experts revealed that the whitish powder contained in these capsules was heroin.