Gaines

People v. Gaines

Good Law
1968 Cal. App. LEXIS 1659·265 Cal. App. 2d 642·71 Cal. Rptr. 468
Court of Appeal of CaliforniaSeptember 12, 1968Crim. No. 6381California2,004 words

Opinion

Lead Opinion

Christian, J.

Defendants were convicted of possession of heroin (violation of Health and Safety Code section 11500). On appeal, they contend that in their non jury trial the court’s finding of guilt depended upon evidence procured *644 as- the result of an unlawful search. Our holding is ■ to the contrary.

■ On June 8, 1966, at approximately 9 p.m., Inspectors Martin, Lawler, and Arrieta of the San Francisco Police Department went to an apartment building at 1040 Steiner Street, San Francisco, to conduct a narcotics investigation. The investigation was. based on information received from an untested informant that appellant Jackson was selling narcotics in his apartment in that building. The police inspectors did not have either a warrant for the arrest of appellant J ackson or a warrant to search his apartment.

The officers were admitted into the apartment house by the manager, who confirmed the fact that appellant J ackson occupied an apartment there. The consent of the manager to enter the building was given freely. She provided the officers with a key to the apartment directly across the hallway from Jackson’s apartment. The officers entered and maintained surveillance of Jackson’s…

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