Turner

People v. Turner

Good Law
126 Cal. Rptr. 652·1976 Cal. App. LEXIS 1149·54 Cal. App. 3d 500
Court of Appeal of CaliforniaJanuary 19, 1976Crim. 14152California1,956 words

Opinion

Opinion

Elkington, J.

Upon denial of his motion (under Pen. Code, § 1538.5) to suppress certain evidence essential to his prosecution for possession of a sawed-off shotgun (see Pen. Code, § 12020), and unlawful possession of a concealable firearm by a felon (see Pen. Code, § 12021), defendant Turner pleaded guilty to the latter charge. His appeal is “from the plea of guilty” which we treat as an appeal from the judgment thereafter entered.

The appeal concerns the validity of the search of certain premises in which the forbidden weapons were found by the police. The facts are substantially without dispute.

Turner had been previously convicted of a felony, i.e., selling or furnishing heroin, following which he had been placed on probation a condition of which, accepted by him, was that he “must submit to warrantless search of person, dwelling, auto, day or night by police officer or probation officer.” A San Francisco police officer received information from an informant that Turner was in “present possession of a quantity of heroin at his home, also that he had some . . . sawed-off shotguns and some revolvers, small weapons.” The officer first verified the fact of Turner’s probation condition…

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