Towner

People v. Towner

Good Law
1968 Cal. App. LEXIS 2012·259 Cal. App. 2d 682·66 Cal. Rptr. 559
Court of Appeal of CaliforniaFebruary 29, 1968Crim. 13280California1,077 words

Opinion

Opinion

Stephens, J.

Defendant Towner and codefendant Watson were charged by information with violation of Health and Safety Code, section 11911 (possession of a dangerous drug for sale). Defendant pleaded not guilty and waived her right to trial by jury. The matter was submitted on the testimony contained in the transcript from the preliminary hearing, subject to the court's rulings, with each side reserving the right to present additional testimony. At the conclusion of the trial the court found the defendant guilty of violating section 11910 of the Health and Safety Code (possession of a dangerous drug), a lesser but necessarily included offense. Defendant was sentenced to one year in the county jail. She appeals from the judgment.

The sole contention on this appeal is that the arresting officers did not have probable cause to arrest defendant and therefore the contraband seized incident to the arrest is not admissible into evidence.

Officer White of the Los Angeles Police Department, one of the officers participating in the arrest, testified in substance that he was experienced in narcotic control police work; that he had made numerous arrests for narcotics violations at the same location and on…

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