Garcia

Charles Lujan Garcia appeals the judgment after he pled guilty to possessing marijuana for sale (Health & Saf. Code § 11359). He received three years’ probation.

About 7 p.m. on January 23, 1974, two police officers went to a residence in San Diego to serve a warrant on Stephanie Jones. Officer Martinez knocked at the front door while Officer Nicholson went around to the back. From inside someone asked who was at the door and Martinez identified himself as a policeman; Garcia opened the door and in response to Martinez’s questions told him Jones no longer lived at this address although occasionally mail was delivered there for her. From the back Nicholson, seeing a man leaning out the window, yelled to Martinez to enter the house because someone was trying to escape out the back. Garcia invited Officer Martinez into the house; Officer Nicholson came into the house from the back.

There were six men in the house. Martinez assembled them in the living room, asked for identification and inquired whether any of them had been convicted of a crime or had outstanding warrants for their arrest. When Garcia revealed it was his house and he was subject to search and seizure as a…