People v. Love

JEFFERSON, J. Defendant appeals from the judgment entered after being found guilty by the court of the violation of Health and Safety Code section 11530.5, possession of marijuana for sale. For reasons hereafter discussed, we conclude that the judgment must be reversed for violation of the rule stated in Escobedo v. Illinois, 378 U.S. 478 [84 S.Ct. 1758, 12 L.Ed.2d 977], and People v. Dorado, 62 Cal.2d 338 [42 Cal. Rptr. 169, 398 P.2d 361],

On November 8, 1963, Officer James Grennan of the Los Angeles Police Department Narcotics Division, was informed by one Ivory Collins, a reliable informant, that the trunk of a 1955 red and white Buick, bearing license number FJG 898, contained 20 kilos of marijuana; a man named John drove this car; he lived in a housing project in the vicinity of 120th Street and worked there as a maintenance worker; the car was presently parked in the vicinity of 120th Street and Colton; the vehicle would be moved at 12 noon.

The officer, accompanied by Officer Castruita, located the car described by the informant parked across the street from [334180]0 East 121st Street. At about 12 noon defendant and two other persons entered the ear. Defendant got into the driver’s seat. The officers approached the car and, after identifying themselves, asked defendant if his name was John Love, to which defendant replied, “Yes.” After telling defendant they had information that defendant had twenty kilos of marijuana in the car, the officers searched the vehicle. Although Officer Grennan testified that defendant consented to the search, the trial court ruled that no free consent was given but that the officers had probable cause to search.

Inside the trunk of the car were 19% bricks of marijuana, each brick representing a kilo, or 2.2 pounds of marijuana. The retail value of the marijuana found in the trunk was approximately $22,917. Officer Grennan, a narcotics expert, was of the opinion that, from the amount found and the way it was packaged, the marijuana was possessed for sale. After the officers discovered the marijuana defendant and the two men with him were placed under arrest.

Defendant does not question the legality of the search. The sole issue presented for our determination is the admissibility of evidence introduced by the prosecution of incriminating statements made by defendant after his arrest.

The record reveals that defendant was questioned by the officers at the scene of his arrest. However, there is nothing in the record to indicate that he made any incriminating statements in response to this questioning. Later the same day Officer Grennan questioned defendant and the two men arrested with him, individually, in an interview room at the police station. In regard to his questioning of defendant, the officer testified, “I asked Mr. Love [defendant] if he had any knowledge of how that marijuana had gotten in this ear and he stated no.” The officer’s separate interviews with the other two suspects also resulted in denials of any knowledge of the marijuana. The three men were then brought into the interview room together. Officer Grennan testified on cross-examination as follows: