People v. Foster

JEFFERSON, J. Defendant appeals from the judgment (order granting probation) following his conviction in a trial by the court of possession of marijuana for sale (Health & Saf. Code, § 11530.5).

The facts are as follows: Charter Savings and Loan Association, as the owner of an apartment house located at 336 West Palm, in the City of Compton, employed Richard Manning as an agent to inspect the premises and to collect rents. Manning had keys to all of the apartments. On his visits to the apartment house, he observed that defendant resided in Apartment C and that defendant also had keys to all apartments. There was a manager’s sign on the door of Apartment C.

On June 22, 1965, at about 11 a.m., Manning made one of his visits to the apartment house. Defendant was not on the premises at the time. Manning entered Apartment B to inspect it. The apartment was vacant except for two suitcase-type bags in the bedroom. He had visited this apartment about a month before and there was nothing in it at that time. He opened the bags and found they contained numerous brown paper sacks, sealed with scotch tape, and also what appeared to be bricks wrapped in red paper or cellophane tape. He removed one of the paper bags, examined the contents and discovered what appeared to be marijuana. He immediately took this paper bag to the Compton police station and gave it to Officer Pranin.

About 20 minutes later, Officers Pranin and Walker went with Manning back to the vicinity of the apartment house. While the officers waited nearby, Manning went up and talked to defendant. After discussing with defendant whether the vacant apartments were ready for occupancy, he and defendant walked over to Apartment B and, using defendant’s keys, entered the apartment. Manning walked into the kitchen to cheek it and observed defendant head toward the bedroom. After waiting a few seconds, Manning followed defendant to the bedroom. He saw defendant standing in front of the closet. It appeared as though he had just closed the closet [717]with his left hand. As Manning approached the closet, defendant said, “It’s clean; there is nothing there.” Manning noticed that the two suitcases he had seen were no longer visible.

Manning went outside, met the officers and the three approached defendant who was then standing outside. Officer Pranin told defendant they were investigating contraband suspected to be on the premises and asked him if he would give them permission to go into one of the apartments. Defendant replied that he would not. The officer then asked Manning if he would give them permission to enter. Manning said they had permission.