People v. Keller

Opinion

STANIFORTH, J.

Defendant Joseph Leo Keller appeals from a judgment convicting him of possession of heroin (Health & Saf. Code, § 11350). He pleaded 'guilty after an unsuccessful motion to suppress evidence (Pen. Code, § 1538.5). Keller was granted three years probation.

The contested search of Keller’s premises and discovery of the contraband was based upon Keller’s waiver of his Fourth Amendment federal constitutional rights required as a condition of probation granted in a 1975 municipal court conviction for petty theft (Pen. Code, § 488). Keller had stolen a 49-cent ballpoint pen.

Upon…