Layton

The defendant was convicted after a court trial of possession of a dangerous restricted drug, to wit: LSD, a violation of Health and Safety Code section 11910. Prior to trial, the defendant had moved to dismiss the information under Penal Code section 995 and had also moved to suppress evidence under Penal Code section 1538.5. Both motions were denied. Defendant also filed a petition for mandate or prohibition with this court which was also denied.

On November 8, 1970, Officer Eastham of the Oroville Police Department was summoned to the Medical Center Hospital in, Oroville because the defendant had been admitted and was suffering from a drug overdose. The officer talked to the defendant in the emergency room and asked him what he had taken. The defendant said he had taken LSD and had a bad reaction, although he said he had taken it 12 times before without such a reaction.

The officer and a nurse discussed the defendant’s condition and the fact that he had no insurance or funds. It was decided that he should be taken to the Butte County Hospital for further treament and the defendant concurred in this suggestion.

The officer was in uniform and was driving a black and…