Larkin

People v. Larkin

Good Law
125 Cal. Rptr. 137·1975 Cal. App. LEXIS 1462·52 Cal. App. 3d 346
Court of Appeal of CaliforniaOctober 21, 1975Crim. 14358California1,004 words

Opinion

Opinion

Elkington, J.

Following her unsuccessful motion to suppress certain physical evidence (Pen. Code, § 1538.5) essential to her defendant Larkin pleaded guilty to possession of heroin (a violation of Health & Saf. Code, § 11350). Her appeal from the ensuing judgment concerns only the validity of the superior court’s order denying the motion to suppress.

We state the undisputed relevant facts.

A police officer patrolling his beat in “a very high crime area, especially dealing with narcotics,” observed several known “heroin users” standing around defendant Larkin in front of a pool hall. In the area during the past three years “a trend [had] gone to girls doing the dealing” in narcotics. The experienced officer “thought suspicious activities were taking place” and he “decided to drive around the block once more.” Upon his return defendant saw the police vehicle, and as he got out she “looked very startled and walked into the pool hall along with one other person, . . .” The officer “was primarily concerned with identifying or talking to the defendant,” so he “followed her in and found her sitting on a bench in the pool hall at which time [he] asked her her name.” The officer testified to…

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