People v. Gonzales

Defendant was charged by information with possession of restricted dangerous drugs. (Health & Saf. Code, § 11910.) He pleaded not guilty, and waived his right to confront and cross-examine witnesses, both for purposes of a motion under section 1538.5 of the Penal Code and for purposes of trial. After a motion to suppress was denied, the cause was submitted on the transcript of the preliminary hearing, plus additional testimony by the defendant. Found guilty, the defendant was. sentenced to six months in the county jail. Sentence was suspended and defendant was placed on two years’ probation. He appeals from the judgment (order granting probation), claiming error in the denial of his motion to suppress evidence. (Pen. Code, § 1538.5, subd. (m).)

Facts

On August 7, 1969, Officer Allinson of the Downey Police Department, the People’s only witness, received information from an unidentified citizen regarding possible narcotic activity at 13439 Bixler Street. Allinson was told that vehicles would stop approximately one block from 13439 Bixler, a single occupant would then walk to that address, remain there for one or two minutes, leave and join other persons who had remained…