Magdelena
People v. Magdelena
Opinion
Lead Opinion
Fleming, J.
Appeal from a conviction for possession of narcotics (Health & Saf. Code, § 11500).
Magdelena complains that (1) evidence against him was obtained by an unlawful search, and (2) his confession was improperly received in evidence.
Magdelena’s search resulted from his arrest under the following circumstances. For a month prior to the arrest sheriff’s deputies assigned to the narcotic detail had intermittently kept watch over a vacant, boarded-up house belonging to Magdelena’s mother. On several occasions known narcotic users were seen going in and out of the house. The day before the arrest several persons entered and left, among them Ortiz, a known heroin addict. On the following day Deputies Weldon and Maloney saw Ortiz and another enter the house and later saw Ortiz leave by the rear door. The deputies started for the rear door and as they approached the *615 door heard conversation coming from inside the house. They stood quietly at the doorstep and overheard a voice ask the question, “How much are you holding?”, and receive the answer, “Two grams.” In the jargon of narcotic addicts the term “holding” means current possession of narcotics. Deputy Maloney then went to the front…