Sandoval

People v. Sandoval

Good Law
1966 Cal. LEXIS 201·54 Cal. Rptr. 123·65 Cal. 2d 303·419 P.2d 187
Supreme Court of CaliforniaOctober 27, 1966Crim. No. 10181California3,760 words

Opinion

lead Opinion

Tobriner, J.

Defendant appeals from a judgment of conviction for possession of heroin in violation of Health and Safety Code, section 11500. Defendant’s sole contention is that the heroin found on his person should not have been admitted in evidence against him because of the unlawfulness of the search and his subsequent arrest. Defendant challenges the search and arrest on three alternative and independent grounds: first, that his apprehension constituted the fruit of an incriminating telephone message which the arresting officers intercepted by illegally entering and searching a certain residence; second, that the officers improperly relied upon the statement of a previously untested informer in concluding that defendant was the person who had telephoned the residence; and third, that the officers lacked authority to arrest and search defendant outside the city which employed them.

For reasons which we set forth hereinafter, we have eon- *306 eluded that defendant’s search and arrest should he upheld since the officers reasonably believed that persons inside the searched residence possessed heroin, the circumstances confronting the officers justified their reliance upon the informer’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.