People v. Boyd

The defendant was found guilty of the possession of narcotics in violation of section 11500 of the Health and Safety Code. He now appeals, contending that his arrest was illegal in that the search incident thereto was illegal, and that the trial court erred in unduly restricting his cross-examination of one of the police officers. It is our conclusion that under the particular circumstances of the case, both contentions are without merit.

The record shows that defendant’s arrest resulted from information supplied to Stockton police officers by one Harry Bray that narcotics were being sold at a house occupied by defendant and one Christiansen • that Bray had made no purchases from the defendant but had made purchases from Christiansen in the presence of defendant, and that the defendant was usually at the house at all hours. In the company of Bray, police officers proceeded to the house in question. While the officers watched, Bray went into the house and made a purchase from Christiansen. Failing in their at

During the course of cross-examination of the main witness for the State, Officer Roop, defendant’s counsel attempted to elicit testimony concerning the reliability of the informer Bray and the information given by him to the officers on previous occasions. The court, however, restricted counsel’s attempt to so interrogate Roop.

At the conclusion of the State’s case the district attorney, over the objection of counsel, introduced into evidence a statement made by the defendant to police officers on the day of his arrest. In this statement the defendant admitted that the shirt and the heroin found therein were his, and that he carried the narcotic because of an ulcer condition.

The mere presence of a person on the premises where officers have reason to believe there are narcotics will not justify either his arrest or a search of his person. (See People v. Yet Ning Yee, 145 Cal.App.2d 513 , 516-517 [ 302 P.2d 616 ].) However where, as here, there are additional factors such as defendant’s residence at the premises in question and his presence there when sales of narcotics were made, such evidence would appear to reasonably justify the belief that defendant had committed a felony. (People v. Soto, 144 Cal.App.2d 294 , 300 [ 301 P.2d 45 ].)

A more serious issue is raised by defendant’s second contention. There can be no question that the right of cross-examination has always been zealously guarded by the courts. Here the legality of defendant’s arrest and the search of the premises incident thereto was dependent upon and solely the result of information supplied by Bray. Necessarily the reliability of the informant, the truth of the information given by him to the officers, the credibility of the officer testifying and the soundness of his reasons for reliance upon such information were all matters which the defendant had a proper right to explore. (People v. Robinson, 166 Cal.App.2d 416 , 421 [ 333 P.2d 120 ].)