People v. Porter

JEFFERSON, J. Defendant prosecutes this appeal from the judgment entered upon his conviction by the court of possession of marijuana (Health & Saf. Code, § 11530), and violation of the Dangerous Weapons Control Law (Pen. Code, §12021).

During the course of the trial the court permitted, over defendant’s objection, the introduction of a quantity of marijuana and two revolvers discovered secreted in the apartment in which defendant was arrested. This evidence formed the basis for his conviction. The prosecution sought to show that the search and seizure which produced this evidence was incidental to an arrest based upon probable cause. As will be observed from the following discussion, we have concluded that no reasonable or probable cause for arrest was shown, the search and seizure were therefore illegal and, consequently, the judgment must be reversed.1

On the issue of probable cause, this evidence was presented: One Willard Harris was arrested by two deputy sheriffs and two federal agents at about 10 a.m. on August 11, 1962, as he approached his parked car, after allegedly agreeing to sell counterfeit money to an undercover officer. The car was searched and a quantity of counterfeit money was found. Also discovered were large quantities of amphetamine sulphate, nembutal and seconal tablets—drugs which it is illegal to possess without a prescription. Harris was taken to the East Los Angeles Sheriff’s Station and booked. He was then questioned by Deputy Sheriffs Weldon and Keeney, and by Federal Agents Boggs and Weaver. He told them he was dealing in drugs and counterfeit money and that he had a partner named Paul Porter, (defendant); that he had more “pills” and two revolvers at his apartment, but no counterfeit money; that he would not tell them where his apartment was located, however, because his partner was there and he [80]“didn’t want him busted.” He also told the officers that if he did not get back to the apartment by midnight that night, his partner would “dump the junk.” (Dispose of the narcotics.)

Throughout the day, Harris persisted in his refusal to tell the officers his address. A notebook was discovered in his possession with three addresses written down. Bach address was put under surveillance by the police. It was learned that a Paul Porter had lived at one of the addresses (in Downey) until two weeks before. The name Paul Porter was checked and it was learned that a man by this name had been convicted of forgery. It was also determined that this same man owned a new model Thunderbird. Harris indicated that his partner had just bought a black Thunderbird. At about 12:30 a.m. the following morning, Harris told the officers that he lived at the Huntington Park address in the notebook. Deputy Sheriff Weldon testified, “When it was past midnight he (Harris) said that his partner would get rid of anything there by midnight and he thought there would be no objection to searching the apartment, so he wouldn’t have any now anyhow so go ahead. ’ ’