Zanten v. Superior Court

COUGHLIN, J. The issue for determination in this matter is whether a proceeding under sections 6500-6510 of the Penal Code, to commit a person as a narcotics addict, may be eom[511]meneed in a county other than that of which he is a resident, or in which he may be at the time the petition instituting such proceedings is filed.

On the evening of December 17, 1962, petitioner, a resident of Bellflower, California, was arrested by federal authorities, on her return from Mexico into the United States, for failure to register as a user of narcotics in violation of title 18, section 1407 of the United States Code; was placed in the county jail at San Diego; on December 18th, was arraigned upon this charge before the United States Commissioner; and on the afternoon of the same day, upon posting bail, was ordered released.

On the morning of December 18th, a deputy sheriff interviewed petitioner while she was in the county jail; observed needle marks upon her arms; was told by her that she had used narcotics, and would probably continue to do so as long as she was with her husband, who was an addict; and concluded that she was in imminent danger of becoming addicted to narcotics.

For the apparent purpose of keeping petitioner in custody, she was arrested by the deputy sheriff, without a warrant, for a violation of section 11721 of the Health and Safety Code, viz., for the unlawful use of narcotics, upon the theory that such offense had been committed in his presence because she then had needle marks upon her arm.

After receipt of the order directing petitioner’s release on bail on the federal charge, she was taken before two medical doctors in San Diego by the deputy sheriff; was examined by them; admitted the use of narcotics four or five times over the three immediately preceding weeks; and stated that she had her last injection of heroin in Bellflower, California three days previously. Upon conclusion of this examination she was returned to the county jail; was released; left San Diego; and returned to Bellflower on the same day, i.e., December 18th. No complaint was filed charging her with violation of section 11721 of the Health and Safety Code.

On the morning of the aforesaid day, while petitioner still was in custody on the federal charge, the deputy sheriff reported to an Assistant District Attorney of the County of San Diego his belief that petitioner was a person in imminent danger of becoming a narcotics addict. However, because of administrative procedures adopted by the district attorney’s office, which required an examination by medical doctors before the preparation of any petition in such matters, and also