Munoz

People v. Munoz

Good Law
101 Cal. Rptr. 265·1972 Cal. App. LEXIS 1175·24 Cal. App. 3d 900
Court of Appeal of CaliforniaApril 14, 1972Crim. 20999California3,100 words

Opinion

Opinion

Lillie, J.

Munoz and Salas were charged with possession of marijuana (§ 11530, Health & Saf. Code) and Munoz with possession of restricted dangerous drugs (§ 11910, Health & Saf. Code). The People appeal from order setting aside information.

During the afternoon of June 16, 1971, Officer Thoemmes received information that a Patrick Munoz was in possession of a large quantity of dangerous drugs estimated to be a thousand pills, and was selling them at a North Vincent Street address; he then ran1 a utility check of the premises and found electricity was being furnished to Munoz and the telephone was listed in his name. At 8 p.m. Officer Thoemmes and three officers went to the residence to- investigate; he knocked on the front screen door and through the screen saw Munoz walk toward the door and heard him ask, “Who is it?”; he responded by displaying his badge and stating he was Detective Thoemmes, West Covina police; at that time he saw Salas, who appeared to be naked, stick his head out from a hallway and put on his pants; Munoz said, “Just a minute please” and disappeared from sight; a minute later Munoz returned and said, “The cops? You are kidding”; he said, “No,” asked if he was…

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