Anders

Anders v. Griggs

Good Law
354 F. Supp. 1264·1973 U.S. Dist. LEXIS 14785
United States District Court, Central District of CaliforniaFebruary 23, 1973Civ. No. 72 1958-AAHCalifornia974 words

Opinion

lead Opinion

Hauk, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner, a California State prisoner incarcerated in the California Institute for Men at Chino, was sentenced in Los Angeles County Superior Court on November 12, 1970, in No. A24417, for violating Health and Safety Code § 11500 (possession of heroin).

The conviction was affirmed by the Court of Appeal, Second Appellate District, in an unpublished opinion filed December 3, 1971, and no further state relief was sought.

Pursuant to Order of the Court, a response and traverse have been filed, together with various exhibits constituting a complete record of the State proceedings. The Court has carefully studied the record, the authorities cited and all arguments advanced, and is thus fully advised in the premises and orders that the Writ of Habeas Corpus be denied for the following reasons.

Petitioner’s sole contention is that the arrest and subsequent search and seizure were without probable cause, and that no “exigent circumstances” existed to excuse the lack of probable cause or of a search warrant. Respondent contends that there was ample probable cause to justify the arrest and search.

Additionally, respondent contends that…

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