People v. Ambrose
People v. Ambrose
Opinion of the Court
Defendant was charged with possession of heroin, and three prior felony convictions. By stipulation the matter was submitted to the court on the transcript of the preliminary hearing and the police and arrest reports in the file of the district attorney. She appeals from the judgment of conviction and sentence; the purported appeal from the latter is dismissed. (People v. Gallardo, 41 Cal.2d 57 [257 P.2d 29].)
According to the testimony of Deputy Velasquez, the following occurred. Sheriff’s deputies were engaged in conducting a' narcotic investigation of defendant and the area in question; Velasquez had been told by confidential informants, among them Robert Garcia and Henry Korman whom he had previously used, that defendant, her husband and another suspect were selling narcotics at their residence and making delivery to purchasers at a parking lot in a market at Avalon and Florence Avenues. On October 29, 1959, at 12:30 p. m.,
In her defense, defendant told an involved story about going to the market, parking in the lot, purchasing a newspaper at a stand near the door, and seeing a woman on the other side fall back screaming and run away among the parked ears pursued by Velasquez. She testified that after seeing this she was then struck and knocked down by a station wagon and handcuffed by Velasquez, at which time she heard one of the officers say, “I’ve got it,” and laugh. A Mrs. Harris, who claimed never to have seen defendant before October 29, testified to much the same story.
Appellant claims that the heroin was obtained as the result of an unlawful search and seizure and that her arrest was not valid having been made without reasonable cause aggravated by a violation of section 841, Penal Code.
Inasmuch as Deputy Velasquez had no warrant, for the arrest of defendant to be valid he must have had reasonable cause to believe that she had committed a felony or was committing a public offense in his presence. (Pen. Code, § 836, subds. 1, 3.) There being no formula for its determination (Go-Bart Importing Co. v. United States, 282 U.S. 344 [51 S.Ct. 153, 75 L.Ed. 374]), what constitutes “reasonable cause” depends upon the facts and circumstances of each case (People v. Hollins, 173 Cal.App.2d 88 [343 P.2d 174]; People v. Wickliff, 144 Cal.App.2d 207 [300 P.2d 749]; People v.
Having previously been informed of defendant’s narcotic activities at her residence and the market parking lot, and having observed defendant motion over a known narcotic user and engage in conversation with her at the market, the deputy quite reasonably suspected she was then engaged in some unlawful conduct, and it was entirely proper for him to approach her for the purpose of questioning her (People v. Burke, 47 Cal.2d 45 [301 P.2d 241]; People v. Michael, 45 Cal.2d 751 [290 P.2d 852]; People v. Sanchez, 189 Cal.App.2d 720 [11 Cal.Rptr. 407]; People v. Davis, 188 Cal.App.2d 718 [10 Cal.Rptr. 610]; People v. Campos, 184 Cal.App.2d 489 [7 Cal.Rptr. 513]; People v. Neal, 181 Cal.App.2d 304 [5 Cal.Rptr. 241]; People v. Zavaleta, 182 Cal.App.2d 422 [6 Cal.Rptr. 166]; People v. Jaurequi, 142 Cal.App.2d 555 [298 P.2d 896]; People v. Elliott, 186 Cal.App.2d 178 [8 Cal.
While appellant complains there was an unreasonable search and seizure, it is clear from the evidence that no search took place prior to defendant’s arrest. When defendant attempted to back away from the deputy, Velasquez saw the heroin in her right hand and picked it up when it fell to the ground. “To observe that which is open and patent is
Appellant says that the “search” and seizure took place before her arrest and thus were improper. However for a search and seizure to be valid it is not always necessary for the arrest to precede the same; if they are part of the same transaction they may occur prior thereto. (People v. Vice, 147 Cal.App.2d 269 [305 P.2d 270]; People v. Baca, 184 Cal.2d 693 [7 Cal.Rptr. 864]; People v. Simon, 45 Cal.2d 645 [290 P.2d 531].) “The fact that the search[es] preceded the arrest is of no consequence. (People v. Luna, 155 Cal.App.2d 493, 494-495 [318 P.2d 116].)” (People v. Williams, 189 Cal.App.2d 29, 38 [11 Cal.Rptr. 43].) “. . . it is immaterial that the seizure of the paraphernalia used in the commission of the crime may have preceded rather than followed the arrest . . .” (People v. Martin, 45 Cal.2d 755, 762 [290 P.2d 855].)
Contrary to appellant’s claim that there is no evidence concerning the identity of the informants, and none that they were reliable or if they were informant-participants, the record clearly shows that the two informers were Robert Garcia and Henry Korman, that Deputy Velasquez had received information from these men in the past and that no informant participated in any of the events of October 29. In any event, the informants’ reliability is of little significance here for the evidence reveals that in making the arrest the deputies relied almost exclusively on their personal observations of defendant
Appellant’s argument that the deputies failed to comply with section 841, Penal Code, in that prior to arresting her they did not inform her of their intention to do so and the cause of the arrest, is without merit, for at the time of her arrest the deputies had reasonable cause to believe that she was, and she was “actually engaged in the commission of . . . an offense. ...”(§ 841.)
Presented to the trier of fact were two versions of what occurred on October 29; the trial judge, after hearing and observing the witnesses and determining their credibility, weighing the evidence and resolving the factual conflicts, accepted the deputies’ testimony as true rejecting that of defendant and her witness. It is apparent that he did not believe defendant’s story or that her witness, Mrs. Harris, who claimed not to have known her before October 29, fell into the category of a disinterested bystander. Since conflicts in stories told by various witnesses are to be resolved by the trier of fact (People v. Nunley, 194 Cal.App.2d 233 [14 Cal.Rptr. 874]; People v. Casado, 181 Cal.App.2d 4 [4 Cal.Rptr. 851]) we find no merit in appellant’s argument predicated on the testimony of Mrs. Harris.
For the foregoing reasons the judgment is affirmed.
Wood, P. J., and Fourt, J., concurred.
Reference
- Full Case Name
- THE PEOPLE, and v. VIRGINIA CARROL AMBROSE, and
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- Published