People v. Megliorino

SHINN, P. J. In a court trial defendant was found guilty of possessing marijuana, was sentenced to one year in the Los Angeles County Jail and appeals from the judgment.

The matter was submitted upon the transcript of the preliminary hearing with each side reserving the right to offer additional evidence.

There was evidence of the following facts: On May 9, 1960, Officer Edward J. Sanchez of the Los Angeles Police Department received a memorandum from the Venice Police Division stating that information had been received from one Gloria Jacquez to the effect that her husband, Joseph, was addicted to narcotics and that he was purchasing narcotics from the defendant, Mike Megliorino. Prior to this date, Officer Sanchez had not known Gloria Jacquez.

On May 11, 1960, at approximately 10:30 a. m. Officer Sanchez, accompanied by Sergeant Robert Burkland and Sergeant Merle Walker, went to defendant’s residence. When the officers arrived at the residence it was unoccupied. The front door and the screen door were both open. Sergeant Burkland entered the house and stayed for approximately one-half minute. About 11:30 a. m. Mrs. Connie Megliorino entered the residence. There is conflicting evidence as to what thereafter took place. Mrs. Megliorino testified that upon her return she found the front door open; she found clothes dumped out of a box and into the bathtub; the bed had been messed up; and a folded newspaper had been opened and placed on the bed. Further, that shortly after she returned home Dora Herrara, who had been sitting with Mrs. Megliorino’s children, came to the house with the children; as she was paying Dora Herrara for her services three police officers entered the house; one took the money and asked what it was for. Mrs. Megliorino testified that the officers did not ask nor receive permission to enter the house.

Officer Sanchez testified that he went to the door, identified himself as a police officer and asked where the defendant was; and that Mrs. Megliorino stated that she did not lmow. He asked her if there were any narcotics in the house and she again replied that she did not know. Officer Sanchez then asked, “Well, do you mind if I look around for some?” She replied, “No. Go ahead. Go ahead. I don’t care. I don’t think there is any here.” Mrs. Megliorino’s testimony at the trial was to the effect that she couldn’t recall whether she had given permission to search the house.

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