People v. Robinson

Convicted, after a nonjury trial, of possession of heroin (Health & Saf. Code, § 11500) appellant urges on appeal that there was an unlawful search of his apartment and seizure of the subject matter of the crime, a bindle of heroin which was hidden in the lower part of the back of his television set. No claim of unlawful arrest is made, only that of unlawful search and seizure. Both sides agree that the case turns upon the question of whether defendant freely consented to the search. The evidence was conflicting and the court believed that of the police officers, thereby rejecting defendant’s…