People v. Miller

By information, defendant was charged with possessing marijuana for sale. (Health & Saf. Code, § 11530.5.) Defendant pleaded not guilty and moved to suppress certain evidence pursuant to Penal Code section 1538.5. A 1538.5 hearing was held, and the motion was submitted on the evidence adduced at that hearing and on the transcript of the preliminary hearing. The 1538.5 motion was denied, and defendant submitted his cause on the transcript of the 1538.5 hearing and on the transcript of the preliminary hearing. Defendant was found guilty. Defendant’s motion for a new trial was denied, but defendant’s conviction was reduced to mere possession of marijuana (Health & Saf. Code, § 11530). Proceedings were suspended, and defendant was granted three years’ probation with the condition, among others, that defendant spend the first 90 days in the county jail. Defendant appeals.

On December 18, 1970, Los Angeles City Police Officer Miller and other policemen went to defendant’s apartment in order to investigate a trustworthy informant’s tip that defendant “was dealing marijuana” from that apartment. Miller knocked, and defendant opened his door. Miller was “outside of [defendant’s]…