People v. Brown

FRAMPTON, J. pro tem.* The defendant was charged by information filed by the District Attorney of Los Angeles County on January 18, 1966, with the crime of violation of section 11500 of the Health and Safety Code (possession of heroin). On January 26, 1966, he was arraigned, at which time he moved to dismiss the information under the provisions of section 995 of the Penal Code. On February 2, 1966, the motion was argued and granted upon the grounds that the defendant had been committed without reasonable or probable cause. The appeal is from the order dismissing the information.

The testimony adduced at the preliminary examination discloses the following:

James E. Sanford, a police officer for the City of Los Angeles, at about 7 p.m. on November 23, 1965, saw the defendant at the rear of a bar situated at No. 2 Windward, in the Venice area of the City of Los Angeles. Officer Sanford had been informed that the defendant was working at this bar and that he used and was selling heroin. He was also informed that the defendant owned a brown Cadillac automobile, and that he conducted his narcotics business from apartment 4 at No. 30 Horizon in the Venice area of the City of Los Angeles.

At the time Officer Sanford first observed the defendant, he was entering a 1960 model Cadillac, white in color. There were two other persons with the defendant at this time, a man and .a woman. Officer Sanford interviewed '.the defendant" and. his two companions, during which time the defendant identified himself and stated that he did use heroin, that he was not’ under the influence of heroin at the time "but that he had had a beer, which made him look like he was under the influence of heroin. He displayed his right forearm, which showed numerous needle marks on the inner portion thereof. The defendant stated that he had last taken a shot of heroin that morning and that he lived at 428 Rose Avenue. The defendant also advised one of his companions to tell the truth “as to her use and their activities at the location.” No arrest was made at this time.

When Officer Sanford left the defendant and his two companions at the rear of the bar, he immediately went to No. 30 Horizon, where he interviewed the landlady of the apartment house. She gave Officer Sanford a key to apartment No. 4 at [886]this address. Sanford then went down a walkway outside of the building to a point opposite the kitchen window of apartment No. 4. The curtain on this window was short on the left- and right-hand side and also in the middle, leaving an open view into the kitchen. Prom this position Sanford observed the defendant and the two persons who had been with him at the rear of the bar. He testified that “on arrival I observed Mr. Brown holding a blue balloon in his hand . . . He was shaking this up and down, in and up-and-down motion. He then took a razor blade and cut the balloon I believe twice. He then poured an unknown substance to me into a spoon which was resting on the sink. ... I then observed Mr. Brown to place a liquid into the spoon from a cup that was on the sink. He then held the spoon in Ms left hand and the cigarette lighter in his right hand which was lit, held it under the spoon for approximately one minute or so. He then placed the cigarette lighter down and picked up a needle and syringe which was also resting on the sink shelf and placed it in this liquid and extracted the extractor and the syringe backwards. I next observed him place the needle into his left forearm— correction—his right forearm area, and I noted blood to be running. And I at this time left my vantage point.” He testified further that the liquid which he saw poured into the spoon appeared to be clear and the other substance appeared to be powdery.