Alfred Glen Symons v. John H. Klinger, Superintendent California Men's Colony, Los Padres

Appellant, imprisoned following conviction of the state crime of possession of heroin, appeals from an order of the District Court denying release on habeas corpus.

1. He asserts that Fourth Amendment rights were violated by failure to suppress evidence seized at the time of his arrest. In this connection he challenges the lawfulness of:

(a) His arrest at his home in Inglewood, California, since it was made by Los Angeles City police officers operating beyond the boundaries of their jurisdiction and without warrant.

These officers, following a two-week surveillance of one Hernandez, had probable cause to believe that appellant had committed state felonies in making sales of narcotics to Hernandez and also that he was presently committing the felony of which he was later convicted: possession of narcotics. Under these circumstances lack of warrant does not render unreasonable an arrest by an authorized person. Henry v. United States, 361 U.S. 98, 100 , 80 S.Ct. 168 , 4 L.Ed.2d 134 (1959). The police officers, as private citizens, were authorized by California law to make arrests under these circumstances. Cal.Penal Code § 837(3).

(b) Entry into his home, since it was by force…