People v. Rivera

FLEMING, J. Rivera appeals a judgment of conviction for possession of heroin. (Health & Saf. Code, § 11500.)

[390]On 3 June 1966, Linda Morales informed Deputy Sheriff Trujillo of the Los Angeles County Narcotic Detail that Rivera was selling heroin from the residence of Marie Jacquez on Boulder Street, where he and Mrs. Jaequez’s son, Vincent were staying. When Linda said she would be willing to make a purchase of heroin from Rivera for the police, Officer Trujillo gave her $50 of county money whose serial numbers had been recorded. He and his partners followed her to Boulder Street, where they watched her park her car and converse with a man later identified as Rivera. They then saw Rivera go into the Jaequez residence and Linda get out of her ear and stand on the sidewalk looking up. A short time later she re-entered her car, drove to the officers, and handed them a small blue package containing a powder which resembled, and in fact was, heroin.

Linda told the officers she had asked Rivera to sell her a quarter-ounce of heroin. He replied he didn’t have that much. She then inquired about a half-gram, and Rivera said he had grams for $10 but he was not sure of her. She told him he could trust her and gave him a $10 bill from the recorded county money. After he walked into the house Linda heard her name called, looked up, and saw Rivera at a second-story window throw down the package she delivered to the officers.

The officers went to the Jaequez residence, found Rivera standing on the front porch of the house, and placed him under arrest. Meanwhile, without having demanded admittance Officer Trujillo broke in the front door of the Jaequez house, acting in the belief there were narcotics inside which were likely to be destroyed. He found Vincent Jaequez on a sofa in the front room and arrested him for violation of the state narcotic laws. On both Jaequez’s and Rivera’s arms were numerous puncture wounds from 24 hours to 2 weeks old. About $200 in currency was found on Rivera, among which was a $10 bill which was part of the recorded money given to Linda. In an upstairs bedroom a small waxpaper sack containing heroin was found hidden in the back of a television set. Mrs. Jaequez testified the upstairs bedroom with the television set was shared by her son and Rivera, who had been staying there about a month before his arrest.

At a joint trial Rivera was convicted and Jaequez acquitted of possession of narcotics.