People v. Buckey

California Court of Appeal Aug 10, 1971 No. Crim. No. 19339Published

Before: Fleming

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Holding. The court held that the arrest warrant was supported by probable cause, the nighttime execution was valid, the officers acted on reliable information, and the subsequent search of the residence was lawful as incident to a valid arrest.

Issues

Whether the arrest warrant was supported by sufficient probable cause.
Whether the nighttime execution of the arrest warrant was valid.
Whether the arresting officers had reliable information regarding the existence of the warrant.
Whether the search of the defendant's home was justified following his arrest.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The magistrate was required to exercise his discretion in providing for arrest at night, but he was not required to provide a showing of good cause.”

“Arresting officers are justified in taking a defendant into custody in reliance on information received through official channels.”

“Vale is inapposite here because Buckey was inside the house when he was arrested.”

Opinion

FLEMING, J. Page Adkins Buckey appeals the “Judgment and Orders” following his conviction by the trial court for possession of marijuana. (Health & Saf. Code, § 11530.)

Facts

A warrant for the arrest of Buckey was issued by a judge of the Citrus Judicial District Municipal Court on 16 July 1969. The warrant was based on the declaration of Highway Patrolman Smith that Buckey committed the offense of driving with a license suspended or revoked in violation of Vehicle Code section 14601.1, subdivision (a). The accompanying records showed that Buckey’s license was revoked on 3 November 1968, that the revocation order was served on 13 February 1969, and that Buckey was cited for speeding by Smith on 2 June 1969. This printed warrant form provided: “Arrest under this warrant may be made at any time of the day or night.”

Deputy Sheriffs Mills and Bailey arrested Buckey at his home in Malibu on the evening of 28 July 1969. The sheriffs were acting on information they had received that day from “the Court Deputy” at the Malibu sheriff’s station that Buckey “was wanted by the Citrus Municipal Court for . . . driving while under suspended driver’s license.”

Sheriff Mills knocked on the door of Buckey’s home at 9 p.m. Eventually Buckey came to the door, and the sheriffs told him they had a warrant for his arrest. Buckey insisted there could not be a warrant for his arrest. “To verify that it was the same man,” Bailey asked Buckey if he had some identification. The sheriffs followed Buckey to a dining room table where he showed them an expired driver’s license.

On the dining room table Bailey saw a plastic vial containing marijuana. The sheriffs then arrested Buckey and two others present for possession of marijuana. Bailey advised each of them of their constitutional rights and [186]each indicated he understood his rights. Bailey then asked if there were more narcotics in the house. Buckey said, “There is some over there.” Mills found more marijuana in a dish where Buckey indicated. Bailey then saw more marijuana on a “cooking screen” on a windowsill behind the table. Finally, Mills accompanied Buckey to his bedroom to allow Buckey to change clothes. There Mills saw a grinder with marijuana in it and a shopping bag containing five packages of marijuana.

Issues

People v. Buckey

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