People v. Northrup

203 Cal. App. 2d 470, 21 Cal. Rptr. 448, 1962 Cal. App. LEXIS 2383
CourtCalifornia Court of Appeal
DecidedMay 10, 1962
DocketCrim. 1702
StatusPublished
Cited by13 cases

This text of 203 Cal. App. 2d 470 (People v. Northrup) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Northrup, 203 Cal. App. 2d 470, 21 Cal. Rptr. 448, 1962 Cal. App. LEXIS 2383 (Cal. Ct. App. 1962).

Opinion

GRIFFIN, P. J.

Appellant was charged in an information with the crime of conspiracy to violate Penal Code, section 311, subdivision 3. The information alleged three overt acts and that appellant had two prior felony convictions. Appellant admitted the prior convictions and pleaded not guilty to the charge. He was found guilty after a jury trial and appeals from the judgment of conviction and from an order denying his motion for a new trial.

The evidence discloses that appellant asked Ronald Fowler to locate girls who would do modeling and told Fowler that he would be paid $100 for each girl who could pass a “screen test.” Fowler eventually located a girl named Lois Wyllie, who indicated some willingness to pose for pictures. Fowler had told Lois that she would be paid anywhere from $100 *473 to $1,000 for posing. Appellant interviewed Lois in San Bernardino County and found her to he suitable for posing. Appellant wore a mask during the initial part of this interview and throughout their dealings appellant and his brother used fictitious names when dealing with Lois. Lois was reluctant to pose for appellant, but after being offered attractive inducements she consented to go to Burbank to “take pictures.” Appellant drove Lois from her home in Fontana to an apartment in Burbank. There appellant and his brother and codefendant Dale Northrup took several obscene photographs of Lois. Appellant then drove her back to her home in Fontana.

Later, appellant attempted to sell copies of these photographs to Fowler. Fowler refused to buy them and appellant then gave him several copies and asked Fowler to sell them for $1.00 each. Fowler eventually gave the pictures to a friend who destroyed them.

On January 13, 1961, appellant was arrested by his parole officer in Fontana. The car which he was operating was searched and copies of the photographs taken of Lois were found in the car. At first appellant denied knowing that the photographs were in the car (which did not belong to him), but later he admitted knowing that the photographs were in the glove compartment of the car.

Appellant did not take the stand in his own defense but his brother testified. Dale Northrup admitted that the pictures of Lois were taken by him and the appellant in the Burbank apartment, but denied that any prior agreement was made between himself and Lois, Fowler, or the appellant to take obscene photographs. However, Dale Northrup admitted that he made certain preparations and obtained certain special photographic equipment prior to the occasion during which the photographs were taken.

Appellant’s first contention is that the photographs received in evidence were illegally obtained because they were discovered during a search conducted without a warrant and at a time when the officers had no probable cause to believe that appellant had committed a felony.

Appellant’s contention is without merit. The record does not reveal that the search and seizure were conducted without a warrant. Here, as in People v. Goldberg, 152 Cal.App.2d 562, 572 [314 P.2d 151] : “The record is silent as to whether the officers who seized them [exhibits received in evidence] had a search warrant. In that event their seizure is presumed *474 to have been lawful.” See also Hatjis v. Superior Court, 144 Cal.App.2d 426, 427 [301 P.2d 44],

The appellant also claims that he was illegally arrested, in that there was no warrant or probable cause for his arrest. Again, the record does not show that there was no warrant for appellant’s arrest nor is there any evidence showing lack of probable cause. Where there is no evidence that the arresting officers did not have warrants for the arrest of the appellant, it is presumed on appeal that the arrest was lawful. (People v. Vaughn, 155 Cal.App.2d 596, 599 [318 P.2d 148].)

Nor does the record indicate that the defense objected to the admissibility of this evidence upon the grounds that it was obtained as the result of an illegal search. After the prosecutor offered these exhibits in evidence, there was a discussion as to the relevance of some of the photographs. Counsel for the defense then said, “I will object on behalf of both defendants to the admissibility of any of these photographs, your honor.” The objection was overruled. It is clear that counsel did not specify the ground upon which he objected to the admissibility of the evidence. Even if the appellant’s objection is considered in the light of the discussion which immediately preceded it, the objection was still insufficient to raise the question of illegal search and seizure. An objection to the admissibility of evidence because it was procured as the result of an illegal search is a specific objection which must be brought to the attention of the trial court. (People v. Carter, 192 Cal.App.2d 648, 661 [13 Cal.Rptr. 541].) It cannot be raised on appeal by an objection to the relevance of the evidence at the trial. (People v. Lint, 182 Cal.App.2d 402, 414-415 [6 Cal.Rptr. 95]; People v. Rodriquez, 135 Cal. App.2d 757, 759 [288 P.2d 147]; People v. Calliham, 81 Cal. App.2d 928, 933 [185 P.2d 342].)

Appellant further claims that after his arrest he was not taken before a magistrate within the time prescribed by section 825 of the Penal Code. The record again is devoid of facts relating to this claim. Here, as in People v. Watts, 126 Cal.App.2d 659, 662 [272 P.2d 814]:

“As to complaint number (1) [where appellant claims he was not promptly brought before a magistrate] the record does not disclose the facts other than defendant’s statement in his brief on appeal. Accordingly, defendant may not complain for the first time on appeal that he was not taken before the magistrate within the time prescribed by section 825 of *475 the Penal Code.” See also People v. Price, 172 Cal.App.2d 776, 780 [342 P.2d 437].

The appellant also argues that his parole was revoked on a prior sentence without compliance with Penal Code, section 3063. There is absolutely no evidence in the record relating to the revocation of the appellant’s parole. Therefore, this matter cannot be considered on appeal.

Appellant contends that he was deprived of equal protection of the law, in that the court granted immunity to Ronald Fowler and Lois Wyllie and did not grant immunity to him.

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Bluebook (online)
203 Cal. App. 2d 470, 21 Cal. Rptr. 448, 1962 Cal. App. LEXIS 2383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-northrup-calctapp-1962.