People v. Sevilla

I dissent.

The facts as set forth in the majority opinion should be extended in some respects. The officers knew the defendant was an old-time narcotics offender with whom they had dealt on several occasions. The probabilities are great that knowing of his background and his record as they did, they knew Sevilla to be an ex-convict. They knew of his habits and the course of conduct he followed when he had heroin in his possession. The officers also suspected, and with good reason, that Heredia was not only a user of narcotics but a peddler and they were staked out and watching Heredia’s place.…