People v. Tyler

Defendant, James M. Tyler, appeals from a judgment entered on a jury verdict finding him guilty of the possession of heroin in violation of section 11500 of the Health and Safety Code, and from the order denying his motion for a new trial. He argues that the judgment must be reversed because the officers obtained the heroin by an unlawful search and seizure, (1) his arrest was illegal as a matter of law; (2) there was such a conflict in the evidence relating to the facts surrounding the arrest that the question of the existence of probable cause should have been submitted to the jury under…