People v. Hirsch

JEFFERSON, J. Defendant was charged with possession of heroin for sale (Health & Saf. Code, § 11500.5) and possession of marijuana (Health & Saf. Code, § 11530). Trial was by the court, the People’s case being submitted on the transcript of the preliminary examination. The defense called the People’s witnesses for further cross-examination, and defendant testified, admitting two alleged prior felony convictions (burglary and robbery). He was found guilty as charged, denied probation and sentenced to state prison, the two counts being ordered to run concurrently. This is an appeal from the judgment.

Two issues are raised, (1) the legality of the search which produced the contraband and (2) the voluntariness of defendant’s statements to the police admitting its ownership.

Two deputy sheriffs testified for the People. Deputy Trujillo related that he and his partners, Kennerly and Nelson, were conducting a narcotics investigation of an apartment at 4292 Dennison Street, Los Angeles. At about 7:30 p.m. on November 1, 1965, they “staked-out” the apartment. They had received information a few days before from two separate informants that narcotics were being sold at this apartment. They considered the informants to be reliable. Both had supplied information in the past leading to the apprehension of narcotics violators in the same general area. The information given by one informant had led to four arrests and convictions; the other had supplied information which led to from 100 to 150 arrests.1 From their vantage point, the officers observed five men enter the apartment. Three of the men left a few minutes later. Defendant came out shortly thereafter, walked over to where a Cadillac had just parked and appeared to talk with the man and woman in it. Defendant then walked to a Chevrolet parked nearby, talked to its occupants for a few minutes and went back inside the apartment. A short time passed and three other men walked up to the apartment. The door was opened slightly. They did not enter but turned around and walked back across the street. [422]About a minute later defendant came outside, joined them and they walked off together. At this time the Cadillac they had observed previously drove up and again parked. The officers approached the car. After conversing with the man and woman inside (who identified themselves as Sharon Steele and Donald Gauthier), they arrested them for a narcotics offense.

Accompanied by Officer Kennerly, Trujillo then proceeded to the apartment and knocked on the door. A woman opened the door and Trujillo informed her that a narcotics investigation was in progress. At this point Trujillo heard the sound of running water and a toilet flushing. He entered the house and ran to the bathroom. A little girl, about 10, opened the bathroom door slightly and said she was the only one in the bathroom and was taking a bath. Trujillo and Kennerly then walked back toward the front door. As they were about to go outside, defendant and a man named Jiminez entered.