People v. Criswell

VALLEE, J. A jury found defendants Criswell, Fronte, and La Point guilty of unlawfully possessing heroin (Health & Saf. Code, § 11500), and Criswell of unlawfully possessing marijuana (Health & Saf. Code, § 11530). They were sentenced to state prison. Fronte and La Point appeal from the judgments. Criswell appeals from the judgment and an order denying a new trial.

[472]Criswell and La Point contend the narcotics were obtained as a result of a search incident to an unlawful arrest.

About February 4, 1960, Officer Mullens of the Los Angeles Police Department told Officer Jones he had received a call from a druggist who had stated that persons driving a 1958 Mercury with a Montana license had purchased some powdered milk sugar and capsules at his drugstore. Jones traced the registration of the car to one Bob Schongarth. Jones contacted Schongarth, who told him Fronte had been with him when he purchased the milk sugar and capsules and that Criswell and Fronte were dealing in narcotics. Schongarth pointed out a location on Hart Street as Fronte’s residence. Jones saw Fronte there. On February 12, 1960, Jones arrested Fronte on a charge of being a narcotics addict. Jones testified he believed Fronte pleaded guilty to that charge. Fronte told the officer he had accompanied Schongarth when the latter purchased the milk sugar and capsules but said he remained in the car.

On March 21, 1960, Jones received a telephone call from an anonymous male who asked for “Narcotics,” meaning the Narcotics Bureau of the Police Department. The caller said persons by the name of Criswell, Fronte, and La Point were at 16700 Citronia Street; they were driving a late model Ford Ranchero, 2-tone gray; they had some “stuff”; and they were going “to cut it up.” In the narcotics traffic, “stuff” usually refers to heroin or a narcotic. “Cutting” is a term used by people dealing in narcotics meaning adding milk sugar or powdered milk or some such substance to the narcotic, usually heroin.

After the telephone call, Jones, with Officers Lestelle and Olsen, went to 16700 Citronia Street in plain clothes and in an undercover station wagon. They parked between 200 and 300 feet from that address. A Ford Ranchero was parked at 16700 Citronia in a driveway facing a garage in the front portion of the house. Criswell, Fronte, and La Point came out of the garage separately; Fronte came first, looked up and down the street, and got into the Ford; La Point came out next and got in the car; Criswell came next, looked up and down the street, closed the door of the garage, looked up and down the street again, and got in the car.