Lizzie Etta Lemons and Bennie Maurice Lemons v. United States

This case involves only the question of probable cause for arrest of appellants without a warrant. The question was raised by motion to suppress, and the motion denied. The appellants were tried by a jury and convicted.

THE FACTS

On July 14th, 1966, about 10 to 10:30 P.M., officers of the Los Angeles Police Department and the State Bureau of Narcotics Enforcement, together with one, James Bircher, an informer or paid employee, proceeded to adjoining houses on South Mira Monte Street in Ontario, California. Bircher had been previously searched by the officers and no narcotics or money were found on his person. He was then supplied with $150 in currency from state funds and the serial numbers were noted by the officers.

The officers parked their car and took up various positions. Bircher proceeded to the dwelling house of Margaret Ward at 1715 S. Mira Monte and was granted admittance. About ten minutes later, within view of the officers, he left the premises at 1715 and proceeded next door to 1721 S. Mira Monte where he was greeted at the door by appellant Lizzie Etta Lemons (hereafter Mrs. Lemons). Bircher handed a sum of currency supplied by the officers to Mrs. Lemons at the…