People v. Huguez

FILES, P. J. After a court trial defendant was convicted of the offense of possession of heroin for sale, in violation of Health and Safety Code section 11500.5. He is appealing from the judgment.

Narcotics officers had been conducting an investigation of defendant for at least 30 days prior to his arrest on September 30,1963. At about 10:55 a.m. on that date Sergeant Pesler of the narcotics division of the Los Angeles Police Department and Officer Dorrell went to an apartment house at 801 North Las Palmas. They interviewed the occupants of apartment 3, seeking information about defendant. They returned to police headquarters about 3 p.m. As a result of some telephoning they learned for the first time how defendant spelled his last name. Then they returned to the Las Palmas address, accompanied by Lieutenant Green. They interviewed the manager and maintained a watch outside the apartment where they believed defendant to be. While this surveillance was being conducted, at about 6 p.m. Sergeant Bachman (at police headquarters) inquired of the sheriff’s office concerning defendant, and learned that a warrant was outstanding for defendant’s arrest upon a charge of violating Penal Code sections 647, subdivision (f) (drunk in public), and 415 (disturbing the peace). Bachman communicated this information to Sergeant Pesler by telephoning the office of the apartment house manager. At about 6 :30 p.m. defendant came out of an apartment. Sergeant Pesler approached him, asked his name, and then arrested him under the authority of the warrant. Defendant was carrying a brown paper sack which he dropped. It contained balloons and pieces of cellophane. Sergeant Pesler then patted defendant for weapons. He saw and felt a large bulge in defendant’s “right front pocket.’’ It felt like heroin, so the officer removed it. The bulge consisted of a plastic bag, inside of which were 25 balloons each containing a powder. Subsequent laboratory examination established that the total quantity of powder was 125 grams and that it contained heroin.

The warrant upon which the arresting officer relied was received in evidence. It is addressed to any peace officer of the State of California and contains an order that defendant is to be admitted to bail in the sum of $525.

[223]It is defendant’s contention here that the arrest under the misdemeanor warrant was a mere pretext for a search, and that an arrest upon a misdemeanor warrant does not authorize the arresting officer to search the pockets of the arrestee.