Thomas

People v. Thomas

Good Law
112 Cal. App. 3d 980·169 Cal. Rptr. 570·1980 Cal. App. LEXIS 2510
Court of Appeal of CaliforniaDecember 4, 1980Crim. 34161California1,428 words

Opinion

Opinion

Kaus, J.

An information charged defendant with one count of possession of heroin for sale (Health & Saf. Ccfde, § 11351, subd. (a)). Following the trial court’s denial of his motion to quash and traverse the search warrant (Pen. Code, § 1538.5), he pleaded guilty. He appeals from the ensuing judgment.

Facts

On February 14, 1978, the Los Angeles police made a warrantless arrest of one Anthony Tapia on a charge of possession of heroin. A body search turned up an address book containing the notation: “Richard 11118 Victory Bl. Apt. #4.” That address is near the corner of Victory Boulevard and Vineland Avenue, where Tapia had been picked up.

On February 21, 1978, Officer Ronald Whitt interviewed the apartment manager at 11118 Victory Boulevard and learned that apartment 4 was rented by defendant Richard Thomas and his wife Deborah. He obtained descriptions of the couple and of their car. He then viewed the car, learned its license number, made a check through Department of Motor. Vehicles and police channels and found that both defendant and his wife had a number of prior arrests for possession of heroin and possession of heroin for sale.

From February 27 through March 7, 1978,…

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