Guerra

People v. Guerra

Bad Law
1971 Cal. App. LEXIS 1096·21 Cal. App. 3d 534·98 Cal. Rptr. 627
Court of Appeal of CaliforniaNovember 24, 1971Docket Nos. 19844, 19884California2,177 words

Opinion

Opinion

Kaus, J.

Defendant Alcala appeals from a conviction for possession of heroin (Health & Saf. Code, § 11500). Defendant Guerra appeals from convictions of receiving stolen property (Pen. Code, § 496) and possession of a restricted dangerous drug (Health & Saf. Code, § 11910). There is no need to detail the procedural facts at this point. To the extent that they are relevant to an issue on appeal, they will be set forth in connection with our discussion of the issue.

Facts

Since the most important question on this appeal is the legality of police conduct which resulted in the seizure of certain physical evidence, we set forth the facts preceding and surrounding that seizure.

Officer Wanek of the Los Angeles Police Department had been investigating Guerra for some time. He had arrested several people for possession of heroin who told him that they had purchased it from Guerra. He had information that Guerra had a “stash pad,” and that several people would go there at late hours to cut up heroin. He was also informed that Guerra was on parole for possession of marijuana. Wanek knew Guerra’s car and ' its license number. On one occasion after he had arrested a person who was in…

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