Guevara

Guevara v. Superior Court

Good Law
1970 Cal. App. LEXIS 2186·7 Cal. App. 3d 531·86 Cal. Rptr. 657
Court of Appeal of CaliforniaMay 11, 1970Crim. 35842California1,287 words

Opinion

Opinion

Kingsley, J.

This is a petition, brought under subdivision (i) of section 1538.5 of the Penal Code, to review an order of the superior court denying a motion, made under subdivision (a) of that section, to suppress certain evidence. We conclude that the motion was properly denied and deny the writ of mandate sought by petitioner.

Police officers were told by an informant (not claimed to be a “reliable” or “tested” informant) that defendant—known to the informant as “Casey” —was engaged in large scale dealings in heroin. They arranged with the informant to purchase an ounce of heroin from defendant. After that transaction, defendant departed for his home and the informant returned to the police officers, gave them a condom of heroin that he claimed he had received from defendant, told them of his conversations with defendant, including the information that defendant had gone home to await the arrival of some potential buyers from San Francisco.

The officers then proceeded to defendant’s home and, after seeking and being granted admission, arrested him in the living room of the house. After the arrest, one officer went into the kitchen, where he observed a large quantity of heroin,…

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