Veloz
People v. Veloz
Opinion
Lead Opinion
Lillie, J.
Defendant was charged, with possession of heroin (§ 11500, Health & Saf. Code). His motion to suppress evidence pursuant to section *501 1538.5, Penal Code, was granted, and dismissal of the cause was ordered (§ 1385, Pen. Code). The People appeal from order of dismissal.
Prior to February 2, 1971, Deputy Winston had a conversation with State Parole Officer Parker who asked him if he knew a person by the name of Louis Veloz; he replied that he did and knew where he was; Parker told him that Veloz was “running from the program, State parole” and had been avoiding contact with him for approximately a year. Around 11:30 a.m. on February 2, Winston and two other deputies in plain clothes went to defendant’s residence; he went alone to the front door and knocked; defendant’s wife answered; he told her he was a carpet salesman sent by the welfare office to recarpet her home, whereupon she admitted him. He testified that he used this ruse because “I was told by Mr. Parker that the defendant was a rabbit, or that he had run before and that I wouldn’t get in by identifying myself.” Immediately upon entering he saw defendant lying asleep in a bed three or four feet from the front…