Villareal

People v. Villareal

Good Law
1968 Cal. App. LEXIS 2330·262 Cal. App. 2d 438·68 Cal. Rptr. 610
Court of Appeal of CaliforniaMay 23, 1968Crim. 3130California3,297 words

Opinion

Opinion

Kerrigan, J.

Convicted of the unlawful possession of heroin (Health & Saf. Code, § 11500) and sentenced to state prison, defendant appeals:

Garden Grove Police Officer Nonrse had been working the narcotics detail for nearly five years. State Parole Officer Ryan informed Nourse that George Sianez, a parolee residing in Garden Grove, was armed, dealing in narcotics, and wanted for violation of parole. Ryan furnished Nourse with the parolee’s address, gave him the parolee’s physical description, and showed him a “mug shot” of the parolee.

On December 14, 1966, seven plainclothes law enforcement officers, including Officers Nourse and Ryan, arrived at the parolee’s residence between 8-8:30 p.m. in the evening. It appeared that no one was home so the officers quietly left and returned at 10 p.m. the same night. The officers parked some distance south of the residence and approached on foot. As they proceeded towards the parolee’s home, Officer Nourse noted an obscure figure peering through the curtains of the home, and suddenly the person disappeared. Nourse alerted his fellow-agents to the effect that they had been observed and then ran to the rear of the residence while the other officers…

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