Ramirez
People v. Ramirez
Opinion
Lead Opinion
Jefferson, J.
Defendant was found guilty of the offense of possession of heroin (Health & Saf. Code, § 11500). The court found seven prior felony convictions alleged against Mm to be true. We conclude that the judgment must be reversed because the evidence which convicted defendant was the product of an illegal search.
On February 5, 1966, defendant was arrested in the lobby of the Barclay Hotel where he was staying with a lady friend. The arresting officer testified he arrested defendant because he had reason to believe he had violated Health and Safety Code section 11853, a misdemeanor, by failing to notify the police department of his change of residence.
*911 The officer had no warrant for defendant’s arrest. He had learned that defendant was required to register with the department. He found out defendant had registered on January-24, 1966, giving his address as the El Rey Hotel; that he had moved into the El Rey Hotel on December 13, 1965. The officer further learned that defendant was also living at the Barclay Hotel. Before defendant had entered the lobby of the Barclay, the officer had talked with the desk clerk and had confirmed that defendant and a woman had been living there, on a…