People v. Hamilton

DEVINE, J. Appellant was convicted of violation of section 11500 of the Health and Safety Code in possessing unlawfully a preparation of codeine. He makes two points: that he was convicted by the use of evidence obtained by means of an illegal entry, search and seizure; and that there is insufficient evidence to support the conviction.

On November 30, 1960, police officers received teletype information that one Richard Lyons, an escapee from the county jail, might appear at the intersection of Hayes and Scott Streets in San Francisco. Going there, the police questioned a man in a parked ear, and found his name to be Jack Wilson, who, shortly after he had left the scene, was found to be an associate of Lyons. This information came by radio from the Inspectors Bureau; the inspectors had talked to Jack Wilson and to Lyons at some time. The officers learned from Wilson’s wife and mother-in-law that Wilson lived with his brother at Gambetta Street in Daly City, San Mateo County, and they proceeded to that place at about midnight. They knocked and kicked on the door, and called out that they were the police, whereupon they heard a male voice say, “Let’s get the heck out of here,” and heard a sound of movement, like that of people running, which one officer described as a “large commotion.”

A door to an alleyway adjacent to the building was partly ajar. Sergeant Gallindo, having previous knowledge that it was an alleyway door, pushed it completely open and saw a man coming out of the back door of the building. The other officers pursued the man, who ran, or trotted, or walked rapidly, according to testimony of the officers. The man was appellant Hamilton, but he resembled the description of Lyons, especially in having tattoo marks on his arms, and Gallindo thought he had captured Lyons. Appellant, who was unable or unwilling to give his name, was arrested and was brought into the apartment house, through the back door which had not been closed by appellant, and the police attempted to establish his identity. They were not able to satisfy themselves that he was not Lyons until appellant was brought to the police station. Appellant was incoherent, his face was red, his eyes were dilated and held in a fixed position, and he had fresh puncture marks on his arms. A hypodermic needle was seen in plain view on the floor, and a double needle container, an eyedropper and a blackened spoon were found at various places within the room, one or more items being discovered under the sofa. The officers searched the whole apart[70]ment and found bottles containing narcotics under an old-style bathtub. Ben Wilson had locked himself in the bathroom but emerged to face arrest and trial with appellant, and was found guilty. Appellant refused to take a Nalline test.