People v. Sotelo
People v. Sotelo
Opinion of the Court
Opinion
the same information but in separate counts defendants were charged with possession of heroin for sale (§ 11500.5, Health & Saf. Code); there was a preliminary hearing for each defendant. Motions to suppress the evidence pursuant to section 1538.5, Penal Code, were denied. Thereafter the cases were consolidated, each defendant submitting
On April 4, 1969, Officer Garrahan received -information from a confidential informant that Vito and Esther Sotelo were selling heroin from certain described premises, that if he were to go there he would see numerous people coming in and going from the house, that people often fixed heroin in the garage area and that Vito drove a 1962 Ford, purple over grey, and recently was arrested for burglary in Downey; the informant also gave him defendants’ telephone number. After this conversation he drove to the address and checked out the residence; he saw a 1962 Ford, purple over grey, parked alongside the garage at the rear of the premises, found the telephone to be registered there to Vito and the utilities to Esther, and checked with Downey police who gave him a photograph of Vito and told him Vito had been arrested for burglary.
Around 11:30 a.m. Officer Garrahan staked out the premises and during one and a half hours he saw numerous persons go. in and out of the residence, and on at least two occasions an exchange of some kind between them and Vito, after which he saw Vito go back in the house, stay a short period of time and return to those persons who then left. He left to get more equipment and personnel but the last time he saw Vito was as he was leaving the location. An hour later, around 2 p.m. the officers returned to the premises and Officer Foresta was placed in a point of vantage; about 3:30 p.m. he reported by radio to Officer Garrahan that a male Negro, later identified as Curtis Bell, had entered the residence, stayed 5 or 15 minutes and left and was walking south on Willowbrook. Officer Garrahan approached Bell and identified himself; a conversation ensued whereupon he noted hypodermic needle marks over the veins of both arms, his voice was slow and slurred, his eyes were pinpointed and one of the puncture marks on his arms was leaking a clear fluid; he formed the opinion that Bell was under the influence of heroin, and arrested him. He then notified the other officers and they met at the premises; as he proceeded from the rear he saw in the area between the house and the garages numerous balloon fragments, many -of which were knotted at the end in the manner in which heroin is commonly packaged.
Officer Garrahan and another officer walked to the front door and knocked; the inner door was open but the screen door was closed and locked. Esther came to the door; he identified himself as a police officer, displayed his badge and “told her [he] would like to talk to her.” Esther unlatched the screen door and asked them to come in. Officer Garrahan
At the hearing on the two motions to suppress, Esther testified that two officers knocked on her front door and after identifying himself one of them said, “I want to talk to you and I want to search your house"; she asked whether he had a search warrant and he said no; this conversation took place through the front screen door, then officers broke in through the kitchen door and knocked her down, she was arrested and the premises were searched.
On rebuttal Officer Foresta testified that a police officer let him in through the back door; Officer White testified to the same effect as Officer Garrahan; and it was stipulated that Officer Johnson’s testimony would be that he was staked out in an alley behind the house and saw Tovar Camarillo, whom he had known to be an associate of Vito, leave the house; he saw some persons waving their arms in the direction of Camarillo and Camarillo run northbound into a parking lot; he followed in a police vehicle and saw Camarillo jump over a fence several blocks from the house; he ultimately effected Camarillo’s arrest.
Appellants’ first contention is that Officer Garrahan did not have reasonable cause to.arrest Esther thus the subsequent search was illegal. The search was clearly incident to Esther’s arrest, hence was “not unreasonable” within the meaning of the Fourth Amendment if the arrest was lawful.
Earlier on the day of the arrest a confidential but untested informant gave certain information to Officer Garrahan which justified further investigation, but standing alone was not sufficient to constitute reasonable cause for an arrest or search. (Mann v. Superior Court, 3 Cal. 3d 1, 6-7 [88 Cal.Rptr. 380, 472 P.2d 468]; People v. Lara, 67 Cal.2d 365, 374-375 [62 Cal.Rptr. 586, 432 P.2d 202]; People v. Talley, 65 Cal.2d 830, 835-836 [56 Cal.Rptr. 492, 423 P.2d 564].) However, such information may be sufficient if it is “corroborated, in essential respects, by other facts, sources or circumstances” as would justify the conclusion that reliance on the information was reasonable. (People v. Reeves, 61 Cal.2d 268, 274 [38 CalRptr. 1, 391 P.2d 393]; People V. Lara, 67 Cal.2d 365, 374-375 [62 Cal.Rptr. 586, 432 P.2d 202]; People v. Talley, 65 Cal.2d 830, 836-837 [56 Calk.Rptr. 492, 423 P.2d 564]; People v. Gallegos, 62 Cal.2d 176, 179 [41 Cal.Rptr. 590, 397 P.2d 174]; People v. Davis, 2 Cal. App.3d 230, 235 [82 Cal.Rptr. 561].) “Such corroboration need not itself amount to reasonable cause to arrest; its only purpose is to provide the element of ‘reliability’ missing when the police have had no prior experience with the informant. Accordingly, it is enough if it gives the officers reasonable grounds to believe the informant is telling the truth, for in this type of case the issue is ‘not whether the information obtained by the officers emanated from a reliable source, but whether the officers could reasonably rely upon that information under the circumstances.’ (People v. Sandoval (1966) 65 Cal.2d 303, 308-309 [54 Cal.Rptr. 123, 419 P.2d 187], citing Willson v. Superior Court (1956) 46 Cal.2d 291, 294-295 [294 P.2d 36].)” (People v. Lara, 61 Cal.2d 365, 374-375 [62 Cal.Rptr. 586, 432 P.2d 202].) “However, in order for corroboration to be adequate, it must pertain
Here the corroboration consisted of the facts and circumstances of defendant’s conduct in the possession and sale of heroin on the premises obtained by the officers through independent police investigation and personal observations immediately following Officer Garrahan’s conversation with the informant. In this connection appellants advance a factual argument urging that certain of the circumstances might also be reconciled with Esther’s innocence, but such contention basically fails because this court must view the evidence in a light most favorable to respondent and presume in support of the judgment the existence of every fact the trial court could reasonably deduce from the evidence. (People v. Mosher, 1 Cal.3d 379, 395 [82 Cal. Rptr. 379, 461 P.2d 659].) First Officer Garrahan ascertained that both defendants resided on the premises then familiarized himself with Vito’s appearance through recent police photographs. During an hour’s surveillance in the late morning he saw numerous people going in and out of the premises and at least on two occasions an exchange take place between them and Vito after which Vito went into the house, stayed a short period and returned to these persons who then left; several hours later they apprehended Bell, who had just been in the house for only a short time and who had fresh hypodermic needle marks on the veins of both arms, one mark leaking a clear fluid, and whose voice was slow and slurred and eyes were pinpointed, for being under the influence of heroin. Officer Garrahan also saw in the area between the house and garages numerous balloon fragments, many of which were knotted in the end in the manner in which heroin is commonly packaged. The trial court properly determined that there was reasonable cause to believe Esther had committed a felony; the search was valid as incident to her lawful arrest.
Appellants contend that the search is invalid because the officer did not comply with section 844, Penal Code, in that he failed to announce his true purpose before entering. After knocking, Officer Garrahan displayed his badge and identified himself to Esther through the screen door and told her they wanted to talk to her whereupon she unlatched the screen door and asked the two officers to come in. In light of the officers’ prior information and observation of criminal activities obviously
Finally, Vito contends that the record contains no substantive' evidence to establish his guilt beyond a reasonable doubt. The People may rely on circumstantial evidence to connect the defendant with the commission of the crime charged and to establish beyond a reasonable doubt
For unlawful possession of narcotics it is necessary to prove “that the accused exercised dominion and control over the drug with knowledge of its presence and narcotic character. [Citations.]” (People v. Redrick, 55 Cal.2d 282, 285 [10 Cal.Rptr. 823, 359 P.2d 255].) While “proof of opportunity of access to a place where narcotics are found, without more, will not support a finding of unlawful possession” (People v. Redrick, supra, 55 Cal. 2d 282, 285), a conviction will be sustained if the accused had the immediate right to exercise dominion and control over the known narcotic even though his possession is constructive (People v. Wilson, 256 Cal.App. 2d 411, 419 [64 Cal.Rptr. 172]) of is joint with that of another person. (People v. Jones, 267 Cal.App.2d 325, 328 [72 Cal.Rptr. 865]; People v. Toms, 163 Cal.App.2d 123, 128 [329 F.2d 90].) The defendant’s possession need not be exclusive where more than one person is charged with possession of the same contraband, and the question of what persons had joint possession is one of fact. (People v. Romero, 161 Cal.App.2d 404, 405 [327 P.2d 205]; People v. Jones, 267 Cal.App.2d 325, 328 [72 Cal. Rptr. 865].)
We note the confusion existing in the transcripts relative to proof against Vito, but the evidence admitted “for all purposes” discloses that Vito was seen entering the premises around 11 or 11:30 a.m.; several hours later a significant amount of heroin was found in a bedroom closet containing half male and half female clothing; in a coat of a man’s suit hanging in the closet were found nine balloons containing a total of 55.1 grams of heroin and in another coat to a man’s suit, 36 balloons containing a total of 22.6 grams of heroin. In the light of the foregoing rules, we conclude there
The judgments are affirmed.
Wood, P. J., and Thompson, J., concurred.
Slnce this search took place April 4, 1969, prior to June 23, 1969, the date of Chimel v. California, 395 U.S. 752 [23 L.Ed.2d 685, 89 S.Ct. 2034], its scope was not limited by the rule in that case. (Williams v. United States, 401 U.S. 646 [28 L.Ed.2d 388, 91 S.Ct. 1148]; People v. Edwards, 71 Cal.2d 1096, 1108 [80 Cal.Rptr. 633, 458 P.2d 713].)
While nothing in the record shows that the officers “unholstered [their guns] or engaged in any other potentially coercive or threatening action” (People v. Harrington, 2 Cal.3d 991, 997 [88 Cal.Rptr. 161, 471 P.2d 961]), it can hardly be said, knowing what she did. concerning her activities and those of Vito and the presence of the heroin on the premises, that Esther’s consent to enter was not in submission to the implied assertion of authority under the language of Parrish v. Civil Service Commission, 66 Cal.2d 260, 269 [57 Cal.Rptr. 623, 425 P.2d 223].
Reference
- Full Case Name
- THE PEOPLE, and v. ESTHER ODESAY SOTELO, and
- Cited By
- 1 case
- Status
- Published