Grubb

People v. Grubb

Good Law
1967 Cal. App. LEXIS 2155·250 Cal. App. 2d 714·58 Cal. Rptr. 670
Court of Appeal of CaliforniaMay 4, 1967Crim. 321California2,979 words

Opinion

Opinion

Gargano, J.

Defendant appeals from a judgment of conviction, after jury trial, of violation of section 12021 of the Penal Code, possession of a eoneealahle weapon by a convicted felon. The sole question presented in this appeal is whether the weapon which was admitted into evidence over defendant’s objection, and which was the basis for his conviction, was the product of an illegal search. The pertinent facts leading to this search are substantially as follows.

In January 1965 Lieutenant Crow of the El Dorado County sheriff’s office received information from an informer by the name of John Reed that he (Reed) had personally observed marijuana being used in defendant’s apartment which was located over his place of business, the Witch Doctor Beauty Salon. Reed also informed Officer Crow that one Donald Powers, who had a prior narcotics record, and who was residing with the defendant, possessed marijuana which he kept in the trunk of his ear. Upon receiving this information Officer Crow investigated defendant’s background and initiated a surveillance of his place of business which lasted approximately six months. The investigation revealed that defendant had a prior arrest record for possession…

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