People v. Garcia

Opinion

LILLIE, J. The trial court found appellant to be a narcotic drug addict within the meaning of section 3100.6, Welfare and Institutions Code, and committed him to the Director of Corrections, California Rehabilitation Center. He appeals from order of commitment and “from each and all orders . . . made adverse to” him.

The following relates only to probable cause and the evidence is viewed in a light most favorable to respondent. Two weeks before appellant’s arrest, Deputy Sells, Narcotics Bureau, received information from a reliable confidential informant that a female known as Marilyn was residing at 458 V2 South Sidney Drive and was there involved in the sale of heroin and that many people went there to either purchase or use narcotics. On October 31, 1968, based on this information, he conducted a surveillance of the premises; he saw a male enter and soon leave; he stopped and spoke to him and found he had evidence of narcotic usage but allowed him to continue on his way. On November 7, 1968, Deputy Sells again received information, from a person in custody on a narcotic charge, that Marilyn was selling heroin from this same address. On November 8, 1968, Deputies Sells, Franco and Jesinhous began a surveillance of the premises parking their vehicle approximately 200 to 300 feet away; they had a clear view of the driveway leading directly to the house and watched it through binoculars. When they left the substation it was not then their intention to arrest whoever came out of the premises. Around 3:17 p.m. they saw appellant walk into the house and 15 minutes later exit in the company of a female and proceed down the driveway to the sidewalk. The deputies drove up to where the pair was standing near a car and got out. Deputy Sells approached the female, who identified herself as Mary Narvaiz; he placed her under arrest for violation of narcotic laws.

Deputy Franco approached appellant. Based upon his extensive training and experience as a narcotic officer and long experience in the “buy" program, and the fact he had been told by Deputy Sells concerning the female (Marilyn) and her narcotic transactions at the Sidney Street address where heroin was being sold or used, and that on October 31, 1968, the officers had seen a male enter and exit the location, stopped him and found he had evidence of narcotic usage, it was Deputy Franco’s belief when he [318]saw appellant enter the premises and leave 15 minutes later that appellant knew Marilyn and went there to purchase heroin, that some type of narcotic transaction had occurred inside and that appellant had narcotics on him. He displayed his badge and identified himself and his partners as narcotics officers who were conducting a narcotics investigation, then told appellant to put his hands on top of the car “so there wouldn’t be any movement as far as weapons or anything is concerned; any time I stop a suspect I always immobilize his hands”; at this time he observed numerous puncture wounds on the back of both of appellant’s hands. Asked to describe appellant’s condition, Franco testified: “He was in a lethargic condition, as if to be intoxicated or under the influence of something,” but he could not smell any odor of alcohol; he described the “lethargic condition” of appellant as “kind of a slow reaction, his reactions are slowed down; in other words ... his condition was the same as other narcotic users that I have observed in the past ... I was just observing the defendant, the way he moved and the way he talked, and his eyes were pinpointed ... He was pretty slow in putting his hands up on top of the car”; he spoke slowly. While he did not see defendant put anything up to or in his mouth or swallow anything, it was his “belief that he did go in there to purchase narcotics. ... I believe he [swallowed it].” Deputy Franco arrested appellant, patted him down for possible weapons, handcuffed him, advised him of his constitutional rights and placed him in the police vehicle.