Cano

People v. Cano

Good Law
1966 Cal. App. LEXIS 1264·241 Cal. App. 2d 484·50 Cal. Rptr. 654
Court of Appeal of CaliforniaApril 13, 1966Crim. No. 10865California1,249 words

Opinion

Lead Opinion

Roth, J.

Appellant was found guilty of possession of narcotics in violation of section. 11500 of the Health and Safety Code. Trial was to the court. Three prior felony convictions alleged in the information were found to be true.

A search of appellant’s person at the time of his arrest yielded two rubber condoms containing heroin in his right front sweater pocket. Appellant contends here as he did at the trial, there was no probable cause to arrest him and to search his person.

Sergeant Dennis Cook, a veteran narcotics investigator for the Los Angeles County Sheriff’s Department, having been informed from a reliable source, that one Vidal Aguilar was engaged in selling narcotics, investigated and found that Aguilar had a substantial narcotics history. He placed Aguilar under surveillance and discovered that the suspect would leave his home or work almost daily and visit a residence on Sidney Street in East Los Angeles. Aguilar resided elsewhere. The Sidney Street residence was unoccupied. Aguilar, however, paid for the utilities. Cook testified that in his experience in the narcotics field, sellers of narcotics would often use a site separate from their residence or work to cache their…

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