People v. Magdelena

FLEMING, J. Appeal from a conviction for possession of narcotics (Health & Saf. Code, § 11500).

Magdelena complains that (1) evidence against him was obtained by an unlawful search, and (2) his confession was improperly received in evidence.

Magdelena’s search resulted from his arrest under the following circumstances. For a month prior to the arrest sheriff’s deputies assigned to the narcotic detail had intermittently kept watch over a vacant, boarded-up house belonging to Magdelena’s mother. On several occasions known narcotic users were seen going in and out of the house. The day before the arrest several persons entered and left, among them Ortiz, a known heroin addict. On the following day Deputies Weldon and Maloney saw Ortiz and another enter the house and later saw Ortiz leave by the rear door. The deputies started for the rear door and as they approached the [615]door heard conversation coming from inside the house. They stood quietly at the doorstep and overheard a voice ask the question, “How much are you holding?”, and receive the answer, “Two grams.” In the jargon of narcotic addicts the term “holding” means current possession of narcotics. Deputy Maloney then went to the front door and shouted, “Sheriff’s Department. Open up.” Hearing the sound of scurrying footsteps, he broke into the house and found three persons inside, one of them Magdelena. The latter dived headfirst through a window, but after a short chase was caught and arrested by Deputy Weldon. Magdelena was searched and heroin capsules found on his person. He was sweating badly and appeared dazed and groggy. The two other suspects were also arrested. The sheriff’s deputies had no warrant to make a search or an arrest.

1) Evidence Was Secured by a Search Incident to an Arrest on Reasonable Cause

A police officer may make an arrest without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a felony. (Pen. Code, § 836.) Reasonable cause comprises a state of facts which induces a man of ordinary prudence to conscientiously entertain a strong suspicion that the suspect is guilty of a crime. (People v. Ingle, 53 Cal.2d 407, 412 [2 Cal.Rptr. 14, 348 P.2d 577].) In the present case continued traffic in and out of a vacant, boarded-up house by known narcotic users, and the conversation overheard by the deputies at the doorstep, together supported a rational belief that the occupants of the house were engaged in the commission of a felony and justified the forcible entry into the house to make an arrest (People v. Maddox, 46 Cal.2d 301, 306 [294 P.2d 6]), and the search of Magdelena incident to his arrest. (People v. Van Eyk, 56 Cal.2d 471 [15 Cal.Rptr. 150, 364 P.2d 326]; People v. Fisher, 184 Cal.App.2d 308 [7 Cal.Rptr. 461].)