People v. Ambrose

199 Cal. App. 2d 846, 19 Cal. Rptr. 102
California Court of Appeal·Decided February 5, 1962·No. 7625·Published·Cited by 9 cases

Opinion

199 Cal.App.2d 846 (1962)
19 Cal. Rptr. 102

THE PEOPLE, Plaintiff and Respondent,
v.
VIRGINIA CARROL AMBROSE, Defendant and Appellant.

Docket No. 7625.

Court of Appeals of California, Second District, Division One.

February 5, 1962.

*847 Marvin L. Klynn and Russell E. Parsons for Defendant and Appellant.

Stanley Mosk, Attorney General, and S. Clark Moore, Deputy Attorney General, for Plaintiff and Respondent.

LILLIE, J.

Defendant was charged with possession of heroin, and three prior felony convictions. By stipulation the matter was submitted to the court on the transcript of the preliminary hearing and the police and arrest reports in the file of the district attorney. She appeals from the judgment of conviction and sentence; the purported appeal from the latter is dismissed. (People v. Gallardo, 41 Cal.2d 57 [257 P.2d 29].)

According to the testimony of Deputy Velasquez, the following occurred. Sheriff's deputies were engaged in conducting a narcotic investigation of defendant and the area in question; Velasquez had been told by confidential informants, among them Robert Garcia and Henry Korman whom he had previously used, that defendant, her husband and another suspect were selling narcotics at their residence and making delivery to purchasers at a parking lot in a market at Avalon and Florence Avenues. On October 29, 1959, at 12:30 p.m., *848 Velasquez and deputies Nesmith and Guitterez began a surveillance of the parking area of the market; around 1 p.m. Velasquez observed defendant drive into the lot and park a vehicle he recognized as one he had previously seen at her residence. He saw her walk to the front entrance of the market, motion to a woman known to the deputies as a narcotic user and begin a conversation with her; whereupon, Velasquez approached defendant, displayed his identification and told her he was a police officer. Upon seeing his badge defendant hurriedly backed up "trying to evade" him and at the same time made a motion to her mouth with her right hand in which Velasquez saw a rubber balloon containing a white powdery substance; as she did so, he struck her hand. Backing up, defendant hit a sheriff's vehicle that had been parked directly behind her; and as he struck her hand Velasquez saw the heroin leave it and fall to the asphalt beside her. During this time the woman to whom defendant had been talking disappeared. Defendant was placed under arrest and questioned concerning the heroin in the balloon; she said she knew nothing about the substance or how it got there.

In her defense, defendant told an involved story about going to the market, parking in the lot, purchasing a newspaper at a stand near the door, and seeing a woman on the other side fall back screaming and run away among the parked cars pursued by Velasquez. She testified that after seeing this she was then struck and knocked down by a station wagon and handcuffed by Velasquez, at which time she heard one of the officers say, "I've got it," and laugh. A Mrs. Harris, who claimed never to have seen defendant before October 29, testified to much the same story.

Appellant claims that the heroin was obtained as the result of an unlawful search and seizure and that her arrest was not valid having been made without reasonable cause aggravated by a violation of section 841, Penal Code.

Inasmuch as Deputy Velasquez had no warrant, for the arrest of defendant to be valid he must have had reasonable cause to believe that she had committed a felony or was committing a public offense in his presence. (Pen. Code, § 836, subds. 1, 3.) [1] There being no formula for its determination (Go-Bart Importing Co. v. United States, 282 U.S. 344 [51 S.Ct. 153, 75 L.Ed. 374]), what constitutes "reasonable cause" depends upon the facts and circumstances of each case (People v. Hollins, 173 Cal. App.2d 88 [343 P.2d 174]; People v. Wickliff, 144 Cal. App.2d 207 [300 P.2d 749]; People v. *849 Ingle, 53 Cal.2d 407 [2 Cal. Rptr. 14, 348 P.2d 577]) — the situation presented or apparent to the officers at the time they were required to act. (People v. Kilvington, 104 Cal. 86 [37 P. 799, 43 Am.St.Rep. 73]; People v. Carella, 191 Cal. App.2d 115 [12 Cal. Rptr. 446]; People v. Sanchez, 189 Cal. App.2d 720 [11 Cal. Rptr. 407]; People v. Baca, 184 Cal. App.2d 693 [7 Cal. Rptr. 864]; People v. Evans, 175 Cal. App.2d 274 [345 P.2d 947]; People v. Murphy, 173 Cal. App.2d 367 [343 P.2d 273]; People v. Hollins, 173 Cal. App.2d 88 [343 P.2d 174]; People v. Silvestri, 150 Cal. App.2d 114 [309 P.2d 871].) [2] The weight to be accorded the information possessed by the officers at the time they made the arrest is for the trial court and it, not the officers, makes the determination whether the information upon which their belief was based, constitutes "reasonable cause." (People v. Fisher, 184 Cal. App.2d 308 [7 Cal. Rptr. 461]; People v. Boyles, 45 Cal.2d 652 [290 P.2d 535]; People v. Carella, 191 Cal. App.2d 115 [12 Cal. Rptr. 446]; People v. Taylor, 176 Cal. App.2d 46 [1 Cal. Rptr. 86]; People v. Arter, 169 Cal. App.2d 439 [337 P.2d 534]; Lorenzen v. Superior Court, 150 Cal. App.2d 506 [310 P.2d 180].) [3] "Reasonable cause has been generally defined to be such a state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime." (People v. Ingle, 53 Cal.2d 407, 412 [2 Cal. Rptr. 14, 348 P.2d 577]; People v. Fischer, 49 Cal.2d 442 [317 P.2d 967]; Bompensiero v. Superior Court, 44 Cal.2d 178 [281 P.2d 250]; People v. Kilvington, 104 Cal. 86 [37 P. 799, 43 Am.St.Rep. 73].)

[4] Having previously been informed of defendant's narcotic activities at her residence and the market parking lot, and having observed defendant motion over a known narcotic user and engage in conversation with her at the market, the deputy quite reasonably suspected she was then engaged in some unlawful conduct, and it was entirely proper for him to approach her for the purpose of questioning her (People v. Burke, 47 Cal.2d 45 [301 P.2d 241]; People v. Michael, 45 Cal.2d 751 [290 P.2d 852]; People v. Sanchez, 189 Cal. App.2d 720 [11 Cal. Rptr. 407]; People v. Davis, 188 Cal. App.2d 718 [10 Cal. Rptr. 610];

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People v. Ambrose, 199 Cal. App. 2d 846, 19 Cal. Rptr. 102 (Cal. Ct. App. 1962).

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