Handy

This is an appeal from an involuntary commitment of defendant as a narcotic drug addict under the provisions of section 3100 et seq. of the Welfare and Institutions Code. The only question raised is the legality of defendant’s initial arrest.

The People’s only witness on this issue was Officer Long who was patrolling the neighborhood of 41st and Main Streets at about 11 p.m. on April 7, 1970. The patrol car was being driven by Long’s partner, Officer Gingrich. The comer of 41st and Main was known to the officer to be a “frequented narcotic hangout.” He had made several narcotic arrests at that location. On the night in question the police vehicle approached the intersection from the west on 41st Street. When the officers were about 40 to 50 feet from the corner they saw defendant and another individual “standing approximately six inches to a foot away from each other.” Their hands were between them “like shuffling or exchanging merchandise or objects.” Two or three other persons were standing nearby, When the car had approached to within 20 to 30 feet, “they” looked in the direction of the car “at which time their conversation ceased and their hands went into their…