People v. Smith

Defendant appeals from a judgment of conviction of possession of heroin (Health & Saf. Code, § 11500). He is represented by court appointed counsel. He makes no claim that the evidence is insufficient to sustain the verdict of the jury. His sole contention is that certain important evidence was obtained by means of an unlawful search of his home. He himself expressly refused to consent to such a search. But consent was given by one Betty Lou James, and the question is whether that consent was sufficient. If it was, it is unnecessary to determine whether the officers had reasonable cause to make the search. (People v. Burke, 47 Cal.2d 45, 49 [ 301 P.2d 241 ] ; People v. Michael, 45 Cal.2d 751, 753 [ 290 P.2d 852 ].) We conclude that Mrs. James’ consent was sufficient.

Appellant was arrested on the night of January 28, 1959. Mrs. James was in his car and was arrested with him. Both of them bore the physical marks of narcotics users, and appeared to be under the influence of narcotics. She testified that she had been a “guest” in defendant’s home since early November, 1958. They were not married. During that period she also stayed part of the time with a girl friend, at another…