Welch

People v. Welch

Good Law
1968 Cal. App. LEXIS 1847·260 Cal. App. 2d 221·67 Cal. Rptr. 69
Court of Appeal of CaliforniaMarch 20, 1968Crim. 6125California2,473 words

Opinion

Opinion

Rattigan, J.

—The principal question on this appeal requires an examination, in the light of recent decisions by our Supreme Court, of “reasonable and good faith belief’’ on the part of police officers which will justify their entering premises without demanding admittance and explaining their purpose as required by Penal Code section 844.

Appellants Welch and Ebersold were jointly charged by information, in two counts, with possession of narcotics in violation of Health and Safety Code, section 11500. Count I charged possession of heroin, count II possession of demerol. After a nonjury trial, both appellants were found guilty on each count. Their appeal is from the judgment of conviction.

In May 1965 Welch was on parole. Matthew Cohn, his parole agent, became aware that Welch had violated several conditions of Ms parole. The violations included his failure to report for a scheduled Nalline test. On May 10, Cohn called Officer Destelle, a narcotics officer in the Los Angeles Police Department, and requested Destelle’s assistance in taking Welch into custody for parole violation. He told Destelle, among other things, that Welch had failed to report for the Nalline test. On May 28, Cohn…

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