People v. Poole

Defendant appeals from his conviction by the court, after waiver of a jury, of the crime of violation of section 11500, Health and Safety Code (possession of heroin). *

Questions Presented

1. Was the arrest without a warrant illegal?

2. Was there an illegal search and seizure?

Evidence

The cause was submitted to the court upon the transcript of the preliminary hearing. Sunday, November 17, 1957, Officers Higgins, Schaumleffel and Fogarty, all in uniform, were on their way to their beats in a private car driven by Fogarty. Higgins observed defendant walking along a street. He had arrested defendant…