Vasquez

People v. Vasquez

Good Law
1967 Cal. App. LEXIS 1860·256 Cal. App. 2d 342·63 Cal. Rptr. 885
Court of Appeal of CaliforniaNovember 27, 1967Crim. 5866California1,823 words

Opinion

Opinion

Molinari, J.

Defendant appeals from a judgment of conviction for possession of marijuana (Health & Saf. Code, §11530) entered after a trial by the court. Defendant’s contentions relate solely to the legality of his arrest and of the subsequent procedures leading to the discovery of marijuana in his home.

The relevant facts are as follows: Police Officer Russell went to defendant’s residence to execute warrants for his arrest on misdemeanor charges. Russell rapped on the door, called out “It’s a police officer,” and banged on the door several more times without getting a response. He saw someone peering at him from a window, then heard what sounded like someone running toward the back of the house. He ran around to the rear and just as he reached the back door saw defendant starting to come out the door. Russell stepped in the door, took defendant by the arm and stated that he had a warrant for defendant’s arrest.

As Russell was explaining the warrants to defendant, he noticed several automobile spotlights lying on the floor inside an open closet. He asked whose spotlights they were and defendant replied that they were his and that he had gotten them while employed at Richardson Chevrolet.…

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