Morales

People v. Morales

Good Law
1968 Cal. App. LEXIS 1973·259 Cal. App. 2d 290·66 Cal. Rptr. 234
Court of Appeal of CaliforniaFebruary 21, 1968Crim. 13281California2,758 words

Opinion

Opinion

Lillie, J.

Defendant was found guilty of possession of heroin (Health & Saf. Code, § 11500) • he appeals from the judgment.

On the basis of his own personal knowledge that defendant had been engaged in the sale of narcotics (marijuana and heroin), acquired from his two prior arrests of defendant, one involving a large quantity of marijuana and the other, possession of heroin, and on information received by him from an undisclosed informant that defendant was selling narcotics at his apartment on North Boselake, Officer Bidenour began a surveillance of the premises, in the course of which he saw defendant walk out of the back door of his apartment onto a wooden landing, stand there from three to five seconds “just looking around, ’' turn around, face the door, jump up, reach into a drain spout and remove a brown paper sack from the rain gutter above the door, glance around again for several seconds, turn in all directions and re-enter the apartment. Five to ten minutes later one Batista, also personally known to Officer Ridenour to have been arrested for possession of narcotics and as a suspected dealer in large quantities of marijuana and heroin, parked his car at the rear of defendant’s…

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