Arthur L. Oliver, Warden, California State Prison v. Maurice E. Bowens

Bowens, a California prisoner, after exhausting state remedies, was granted a federal writ of habeas corpus, and the warden of the prison, oh certificate of probable cause issued by the district judge, has appealed. We affirm.

The basis relied on by Bowens for relief was the alleged illegality of the two searches and seizures underlying his conviction — one made of his person and the other of his apartment. The conviction involved was for the offense under California law of possessing marijuana— here four marijuana cigarettes. Two of the cigarettes had been taken by the Los Angeles police from Bowens’ coat pocket on the street and the other two from a dresser drawer in the bedroom of ■ his apartment.

The object of both searches admittedly had been to find narcotics. They were made without warrants; they were not a product of such on-the-scene circumstances or events as could provide probable cause for engaging in a marijuana thrust against either Bowens’ person or his dwelling; and they did not have inherent legal incidence to the arrest made of him. The search of his person occurred before the arrest; the arrest was made on the street; and the search of his apartment was…