People v. Rand

FORD, J. By an information the defendant was accused of the crime of possession of marijuana in violation of section 11530 of the Health and Safety Code. He waived his right to trial by jury. It was stipulated that the case would be submitted on the evidence received at the time of the preliminary hearing, with the right reserved to the People and the defendant to offer additional evidence. The defendant was found guilty as charged. He has appealed from the judgment.

While the defendant presents a number of contentions, it is only necessary to discuss one since it is determinative of this appeal. That contention is that the court erred in receiving in evidence a statement made by the defendant at the place of his arrest because such statement was not voluntary.

Only two witnesses testified, Deputy Sheriff Tizenor and the defendant. By stipulation, the necessity for the testimony of a forensic chemist as to the narcotic nature of the articles hereinafter mentioned was dispensed with. A résumé of the pertinent testimony will be given.

On May 24, 1960, Officer Tizenor, together with four other officers, had the apartment building where the defendant resided under observation for about two hours. During that time he saw about 25 or 30 persons enter the defendant's apartment, each remaining for a short period of time and then leaving. The officers had no search warrant and no warrant for the arrest of anyone. After such surveillance, Officer Tizenor knocked on the defendant's door. The defendant opened the door. Thereupon the officer displayed his identification card and badge and stated that he was a police officer and would like to talk to the defendant. The latter “stepped back from the door, pulled the door wide open, and stated, ‘ Come in. ’ ” The officer entered the room and observed what appeared to be a portion of a marijuana cigarette in an ash tray. The defendant was then placed under arrest and the bedroom of the apartment was searched. In a jewel box on a stand next to the bed was found a cigarette package containing “thirty-five brown paper-wrapped cigarettes, which appeared to be marijuana.” In the presence of several of the [670]other officers the witness asked the defendant if all of the cigarettes belonged to him and the defendant said that they did. Later, at the Firestone Sheriff’s Station, the defendant made substantially the same statement.