People v. Dixon, Cr. 5816

CourtUnited States State Supreme Court (California)
Citation46 Cal.2d 456,296 P.2d 557
Decision Date04 May 1956
Docket NumberCr. 5816
PartiesThe PEOPLE of the State of California, Plaintiff and Respondent, v. Dorothy DIXON, Defendant and Appellant.

Page 557

296 P.2d 557
46 Cal.2d 456
The PEOPLE of the State of California, Plaintiff and Respondent,
Dorothy DIXON, Defendant and Appellant.
Cr. 5816.
Supreme Court of California, In Bank.
May 4, 1956.

Page 558

[46 Cal.2d 457] Dorothy Dixon, in pro. per., John H. Marshall, Los Angeles, and Henry S. Rupp, Long Beach, for appellant.

Edmund G. Brown, Atty. Gen., and William E. James, Deputy Atty. Gen., for respondent.

TRAYNOR, Justice.

Defendant appeals from a judgment of conviction entered after the court sitting without a jury found her guilty of one count of possessing heroin. Health and Safety Code, § 11500. She also appeals from an order denying her motion for a new trial.

Defendant resided in a court apartment rented from Ramona Lopez, who occupied another apartment of the same court. Sometime during the evening of November 29, 1954, Officer O'Grady of the Narcotic Division of the Los Angeles Police Department entered and searched the apartment of Mrs. Lopez but failed to find any narcotics or substances commonly used in cutting them.

Thereafter, at about 10:30 p. m., Officer O'Grady, accompanied by Officer Kennedy and State Narcotics Inspector Wells, entered defendant's apartment, placed her under arrest, and told her to remain seated on the bed while they searched her apartment. They did not have a warrant. In defendant's kitchen cupboard they found an opened carton of milk sugar, which is used to cut heroin. Officer O'Grady testified that defendant appeared extremely nervous and on several occasions got up and 'wandered around' the room while the officers were searching it. He told her that if she did not remain seated until they finished, it would be necessary to handcuff her. She insisted on going to the bathroom and told him that she had recently aborted herself and that [46 Cal.2d 458] she was 'having difficulties.' He offered to call a doctor for her if one was necessary or to see that she received medical attention before going to jail. As he turned his back, she took something from the upper part of her dress. He ordered her to hand it to him, and when she refused and made a motion to place it in her mouth, he and the other officers seized her arms to keep

Page 559

the object from her mouth. She kicked one of the officers, and in the ensuing struggle they lifted her onto the bed and forced a key from her hand. She admitted that it was the key to one of the apartment garages rented by her. Officer O'Grady and Inspector Wells entered the garage and found ten latex bags...

To continue reading

Request your trial
60 cases
  • People v. Gilbert
    • United States
    • United States State Supreme Court (California)
    • December 15, 1965
    ...Cal.2d 791, 796, 44 Cal.Rptr. 454, 402 P.2d 142; People v. Ibarra, 60 Cal.2d 460, 463, 34 Cal.Rptr. 863, 386 P.2d 487; People v. Dixon, 46 Cal.2d 456, 458, 296 P.2d 557.) Accordingly, the judgment convicting King must be Defendant Gilbert condends that since King's statements and testimony ......
  • People v. Johnson, Cr. 12804
    • United States
    • United States State Supreme Court (California)
    • March 3, 1969
    ...Cal.2d 757, 767, 44 Cal.Rptr. 313, 401 P.2d 921; People v. Faris, 63 Cal.2d 541, 546, 47 Cal.Rptr. 370, 407 P.2d 282; People v. Dixon, 46 Cal.2d 456, 458, 296 P.2d 557; People v. Govea, 235 Cal.App.2d 285, 304, 45 Cal.Rptr. The application of the fruit-of-the-poisonous-tree doctrine was res......
  • People v. Mills, Cr. 5725
    • United States
    • California Court of Appeals
    • February 8, 1957
    ...doctrine was recognized and applied in Badillo v. Superior Court, supra, 46 Cal.2d 269, 273, 294 P.2d 23, and People v. Dixon, 46 Cal.2d 456, 458, 296 P.2d 557, 559. In the latter case it was held that defendant's own testimony 'was impelled by the erroneous admission of the illegally obtai......
  • People v. Satterfield, Cr. 6143
    • United States
    • California Court of Appeals
    • June 30, 1967
    ...of a suspect's voluntary act is unlawfully seized if the act was the 'direct result' of illegal police conduct. (People v. Dixon (1956) 46 Cal.2d 456, 296 P.2d 557 (contraband obtained when suspect took key to hiding place from her dress and attempted to swallow it while in custody after un......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT