Herman

People v. Herman

Caution
163 Cal. App. 2d 821·1958 Cal. App. LEXIS 1569·329 P.2d 989
Court of Appeal of CaliforniaOctober 1, 1958Crim. 3534California2,025 words

Opinion

Opinion

Peters, J.

Defendant, Grover Herman, also known as Harmon, was charged with unlawful possession of heroin, and with four prior felony convictions. He admitted three of the priors, and the fourth was dismissed on motion of the prosecutor." The case was tried before the court without a jury, and defendant was found guilty. On this appeal he urges that his arrest, the search of his person, and the search of his home were illegal.

The sole witness was Officer Logan of the San Francisco Police Department. He testified that for about a month prior to October 11, 1957, the police had defendant’s residence on Green Street in San Francisco under surveillance. During this period persons were seen to enter and to leave the premises who were known to the police as narcotic addicts. About 7 p. m. on October 11, 1957, an informant, who had been known to Officer Logan for three and a half years, told Logan that defendant was going to make a delivery of heroin that night near Union and Columbus Streets at about 10 p. m., and that defendant usually carried the narcotics in his pocket. During the period Logan had known this informant the latter had supplied the officer with quite a bit of information which…

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