Buckey

People v. Buckey

Good Law
19 Cal. App. 3d 183·1971 Cal. App. LEXIS 1269·96 Cal. Rptr. 648
Court of Appeal of CaliforniaAugust 10, 1971Crim. No. 19339California1,096 words

Opinion

Lead Opinion

Fleming, J.

Page Adkins Buckey appeals the “Judgment and Orders” following his conviction by the trial court for possession of marijuana. (Health & Saf. Code, § 11530.)

Facts

A warrant for the arrest of Buckey was issued by a judge of the Citrus Judicial District Municipal Court on 16 July 1969. The warrant was based on the declaration of Highway Patrolman Smith that Buckey committed the offense of driving with a license suspended or revoked in violation of Vehicle Code section 14601.1, subdivision (a). The accompanying records showed that Buckey’s license was revoked on 3 November 1968, that the revocation order was served on 13 February 1969, and that Buckey was cited for speeding by Smith on 2 June 1969. This printed warrant form provided: “Arrest under this warrant may be made at any time of the day or night.”

Deputy Sheriffs Mills and Bailey arrested Buckey at his home in Malibu on the evening of 28 July 1969. The sheriffs were acting on information they had received that day from “the Court Deputy” at the Malibu sheriff’s station that Buckey “was wanted by the Citrus Municipal Court for . . . driving while under suspended driver’s license.”

Sheriff Mills knocked on the door…

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