Wolzok v. Sheriff

OPINION

At the conclusion of a preliminary examination, Joseph Wolzok was ordered to stand trial for possession of a controlled substance (heroin), a felony under Nev. Rev. Stat. § 453.336 and 453.161. Wolzok then filed a pretrial petition for a writ of habeas corpus challenging the existence of probable cause to support the charged offense.

The district judge considered and denied the habeas petition and, in this appeal, the same contention is reasserted.

The record establishes that on June 3, 1976, a Las Vegas police officer, with the aid of binoculars, observed Wolzok and three other…