Vasquez

This is a petition for a writ of prohibition seeking to restrain the respondent court from proceeding with the trial of petitioner on a charge of violation of section 11500, Health and Safety Code, on the grounds that the evidence used against him was obtained by means which violated the due process clauses of the state and United States Constitutions.

The facts as disclosed by a reading of the transcript of testimony taken at the preliminary hearing show that one Virgin, a police officer of the city of Los Angeles, who had a background of education in narcotics relating to their content, use and effect, and who was attached to the narcotic detail, had previously made some 500 arrests based upon violation of the narcotic laws, and who had qualified and testified as an expert witness on the subject of narcotics violations some 50 times in the respondent court, on the night of June 28, 1961, being armed with a search warrant to search the person of one Richard Costa, a known narcotic peddler, also Costa’s residence situated at 3315 Portola Street in the city of Los Angeles, drove to such address. On arrival he observed Costa talking to petitioner who was seated behind the wheel of…