Rudolph L. Sandoval v. Walter E. Craven, Warden

Rudolph L. Sandoval appeals from the denial of his petition for a writ of habeas corpus by the District Court for the Central District of California.

Sandoval was convicted of possession of heroin at a non-jury trial in the Los Angeles Superior Court. The California Supreme Court affirmed his conviction, People v. Sandoval, 65 Cal.2d 303 , 54 Cal.Rptr. 123 , 419 P.2d 187 (1966). The United States Supreme Court denied certiorari, with Mr. Justice Douglas dissenting. 386 U.S. 948 , 87 S.Ct. 985 , 17 L.Ed.2d 878 (1967).

The relevant facts are as follows: Sandoval placed a telephone call to one “Jessie” whose home at the time was being searched by the Los Angeles police with a warrant. A policeman answered the phone. Sandoval asked, “Is this Jessie?” The policeman answered, “Yes.” Sandoval then told the policeman (thinking him to be Jessie) to hurry up and meet him. Upon inquiry of Jessie, who was in the room, the policeman was told that Sandoval was waiting at a particular location. He described the location and Sandoval for the officers and told them that Sandoval was waiting for him to pick up heroin. The officers met Sandoval, found heroin in his possession and arrested…