James Tinney v. Lawrence E. Wilson, Warden

Appellant Tinney is presently in California penal custody pursuant to a conviction for possession of marijuana. Cal. Health & Safety Code & 11530 (West 1961). After exhausting his post-conviction remedies in the state courts, Tinney filed a petition for writ of habeas corpus in the court below. That court denied his petition without having conducted an evidentiary hearing, and Tinney appeals from that denial. Tinney’s principal contention is that his conviction was based upon evidence — a marijuana cigarette — which was secured through an unconstitutional search and seizure. Agreeing with this contention, we must reverse.

The facts surrounding Tinney’s arrest for possession of marijuana are not in dispute. On the night of April 17, 1965, Officer McGill was patrolling a street in Los Angeles, with his partner, when a young woman called to him from the sidewalk and asked if he wanted a “date.” She indicated that he should drive farther along the street and park his car. Officer McGill drove to a parking lot a short distance away, where his partner left the car. Officer McGill then returned to meet the girl, and they discussed an act of prostitution. The girl directed the officer to…