Thomas

People v. Thomas

Good Law
119 Cal. Rptr. 739·1975 Cal. App. LEXIS 1725·45 Cal. App. 3d 749
Court of Appeal of CaliforniaMarch 5, 1975Crim. No. 7573California3,470 words

Opinion

Lead Opinion

Paras, J.

After a trial by jury, defendant was found guilty of possession of heroin (Health & Saf. Code, § 11350). 1 He appeals from the judgment.

Facts

On November 9, 1973, Roy Asakawa, a parole agent for the State Department of Corrections, received a call from Officer Pederson of the *753 Stockton Police Department. Pederson informed Asakawa that he had received recent information from a confidential reliable informant that defendant was in possession of, and dealing in, heroin.

The defendant’s regular parole agent was out of town on another assignment. In his stead, Asakawa decided to initiate and conduct a search, and requested the Stockton police to assist him.

At approximately 12:30 p.m. on November 9, Asakawa, Pederson and Stockton Police Officers Horton and Stewart went to the defendant’s place of residence. The officers knocked on the door and a Mrs. Elaine Williams (subsequently identified as defendant’s girl friend) responded. Asakawa informed Mrs. Williams that he was a parole agent, identified himself, and advised her that they were there to see the defendant. Mrs. Williams told the officers that the defendant was not present, but she admitted them into the…

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