People v. Gonzales

• Decision Date: 28 June 1960
• Docket Number: Cr. 1547
• Citation: People v. Gonzales, 182 Cal.App.2d 276, 5 Cal.Rptr. 920 (Cal. App. 1960)
• Court: California Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Respondent, v. Vincent GONZALES, Defendant and Appellant.

Page 920

5 Cal.Rptr. 920

182 Cal.App.2d 276

PEOPLE of the State of California, Plaintiff and Respondent, v.Vincent GONZALES, Defendant and Appellant.

Cr. 1547.

District Court of Appeal, Fourth District, California.

June 28, 1960.

Carroll & Anderson and Thomas T. Anderson, Indio, for appellant.

Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., Doris H. Maier, Deputy Atty. Gen., for respondent.

SHEPARD, Acting Presiding Justice.

Defendant was found guilty by jury verdict of a violation of Health and Safety Code, section 11500(possession of narcotics, i. e., marijuana).By its judgment, the court granted to defendant straight probation for three years without any time in custody and without any fine.Defendant appeals.

Facts

There is no substantial conflict in the evidence as to the salient facts of the case.The record before us shows that on May 24, 1959, in the 300 block on East Tachevah Avenue in Palm Springs, a red corvette automobile was discovered off the road, against a tree, with defendant lying on his back outside the car but with his feet still in the car.Defendant was severely injured by a 24-inch cut across his abdomen that appeared to have been inflicted by a knife.Defendant's intestines were protruding from the wound.One portion of the evidence described defendant as being unconscious.Another portion described him as not completely unconscious but in severe shock from loss of blood, and apparently unable to answer routine questions.An ambulance was called by the police.The ambulance driver and his attendant placed defendant on a stretcher and took him to a hospital.At the hospital he spoke his name, asked for water, and mumbled something unintelligible.

While still on the stretcher the portion of his clothing not confined beneath his body was cut away and gone through for purposes of identification.A cellophane package containing a quantity of marijuana was found in his righthand front pants pocket but identifying information was not found.A short time later, after a doctor supervised his placement on the operating table and preparation for surgery, the balance of his clothing was removed and gone through for identification.Among other articles were found his wallet, with identification, and four marijuana cigarettes.The doctor, two nurses and a police officer were present.While a police officer was present during all this time, he did no searching himself.Apparently he did, however, request the attendant to search for identification, which incidentally resulted in the finding of the marijuana.The ambulance driver testified that the search was routine procedure for identification of injured people'in shock' in emergency cases.After the finding of the marijuana, all articles taken from defendant were turned over to the police officer for safekeeping.The officer learned of defendant's name and the circumstances preceding the accident after the finding of the marijuana.The defendant remembers nothing from the time of the accident until after hospital surgery was completed.He was not under arrest at any time while the search was in progress.Sometime later the officers were informed that the wound in the abdomen was received in a fight and that defendant attempted, after he received the would, to drive to medical aid, fainted while driving and ran into the tree where he was found.

Was the Search Legal?

Defendant contends the offending narcotics were discovered during an unlawful search and therefore were erroneously admitted as evidence.It is true that if a search is unlawful the discovery of contraband cannot make the search legal.People v. Brown, 45 Cal.2d 640, 643 , 290 P.2d 528.However, lawful searches are not confined to those incidental to arrest.People v. Ball, 162 Cal.App.2d 465, 467[1-2], 328 P.2d 276.As to the particular circumstances of the case at bar, hospitals are required to report to police respecting any person suffering from an injury inflicted by a knife, gun, pistol or other deadly weapon, the name of the injured person, if known, his whereabouts and the character and extent of his injuries.Failure to do so is a misdemeanor.Penal Code secs. 11160-11162.

Every person in charge of a hospital is required to make a record of the person, medical and other information for each patient sufficient and adequate for the completion of a birth or death certificate.The requirements of section 10275 of the Health and Safety Code respecting death certificates include, among other extensive details, information as to relatives, marital status, birthplace, usual residence, occupation and industry or business.Similar extensive detail is required by section 10125 of the same code.

Under Civil Code sections 1815and1816 a hospital would undoubtedly become the involuntary bailee of property carried on the person of an unconscious patient brought to it under conditions of emergency such as are here present.To take such property from the clothing of the patient, make a written list of it and put it in a safe place or hands for preservation would be the normal and reasonable act of a hospital attendant for the protection of both the hospital and the patient.Criticism of a hospital for such...