People v. Parker, Cr. 24753

• Decision Date: 04 December 1974
• Docket Number: Cr. 24753
• Citation: 118 Cal.Rptr. 523,44 Cal.App.3d 222
• Court: California Court of Appeals Court of Appeals
• Parties: PEOPLE of the State of California, Plaintiff and Appellant, v. William Howard PARKER, Defendant and Respondent.

Page 523

118 Cal.Rptr. 523

44 Cal.App.3d 222

PEOPLE of the State of California, Plaintiff and Appellant, v. William Howard PARKER, Defendant and Respondent.

Cr. 24753.

Court of Appeal, Second District, Division 5, California.

Dec. 4, 1974.

As Modified Jan. 2, 1975.

Joseph P. Busch, Dist. Atty. of Los Angeles County, Harry B. Sondheim, Head, Appellate Division, Los Angeles and Sterling S. Suga, Deputy Dist. Atty., for plaintiff and appellant.

Max Solomon and Ed. Tolmas, Los Angeles, for defendant and respondent.

ASHBY, Associate Justice.

This is an appeal by the People (Pen.Code, § 1238(a), subd. 1) from an order setting aside Counts I, XII, XIII, XIV, and XV of an information ¹ following the granting of defendant's motion under section 995 of the Penal Code.

The section 995 motion was directed to the validity of a search warrant. In ruling on the motion, the superior court was acting as a reviewing court. It had no power to reweigh evidence or to make findings of fact. On this appeal we are governed by the same standards of review as were applicable in the superior court. In reviewing the magistrate's decision we consider all the evidence which the magistrate considered, and all reasonable inferences therefrom which are supportive of the magistrate's findings. (People v. Maltz, 14 Cal.App.3d 381, 389--390, 92 Cal.Rptr. 216.) The evidence before the magistrate relevant to the validity of the search warrant was as follows: ²

On December 23, 1972, Los Angeles Deputy Sheriff Garcia received an anonymous phone call advising him that by dialing the number 686--1627 bets could be placed on horse races all over the country. Garcia had been a peace officer for six years and was assigned to the bookmaking detail. Garcia ascertained that the phone number in question was located at 9918 Rio Hondo Parkway, Apartment D, in El Monte, that the subscriber was a Shirley Christensen, and that there was another phone number at the location.

On December 27, 1972, Garcia commenced surveillance of 9918 Rio Hondo Parkway. He saw one Alvin Lingo ³ enter Apartment D at 9:40 a.m., carrying a National Daily Reporter. Lingo left the location at 5:20 p.m. At noon that day Garcia observed one Jacob Jackson ⁴ enter the location carrying numerous papers and portfolios. Jackson left at 5:30 p.m., again carrying papers and portfolios.

Garcia and Deputies Groninga and Roop ⁵ kept Lingo under surveillance from December 27, 1972, until March 7, 1973, the date they executed the affidavit in support of the warrant. On days when local race tracks were operating Lingo would leave his home at about 9:00 a.m., drive to a liquor store, purchase a National Daily Reporter, then proceed directly to 9918 Rio Hondo Parkway, Apartment D. He would remain there until about 5:30 p.m., when he would return to his home. On December 28, 1972, Lingo arrived at the Rio Hondo apartment at about 9:47 a.m. Jacob Jackson arrived at 10:30 a.m., carrying a clipboard and papers which he covered with a red shawl before entering the apartment. At 10:37 a.m., Patricia Jean Jackson arrived at the location carrying a racing form and a newspaper. Ms. Jackson had previously been arrested for bookmaking by Garcia. She remained at the Rio Hondo apartment only five minutes. She left without the racing form and the newspaper.

On January 16, 1973, Lingo started using Apartment 15 at 9918 Rio Hondo Parkway. On February 2, 1973, Garcia contacted the manager of the Rio Hondo apartment building and learned that Apartment D had been rented by Patricia Jackson using the name Shirley Christensen. Both she and Jacob Jackson paid the rent on the apartment, always in cash. Lingo used the name Ray Morriss when he rented Apartment 15.

At 2:50 p.m., January 3, 1973, Garcia observed Jacob Jackson leave the Rio Hondo apartment carrying a cardboard box. Jackson drove to a hardware store at which time Deputy Roop observed what appeared to be a betting marker next to the cardboard box. On January 4, and January 5, 1973, Garcia observed Jackson leave his residence at 227 Orange Blossom Street and drive directly to 12132 Sitka Street, Apartment 18, El Monte. On both days Jackson remained at the Sitka location for the entire morning. Garcia contacted the apartment manager at the Sitka location. She identified a photograph of Patricia Jackson as the person who had rented Apartment 18 under the name of Mrs. Davis. During the course of his further investigation Garcia contacted the phone company and learned tht the telephone in the Sitka Street apartment was listed in the name Donald Harris. He further learned that during the period January 4, 1973, to February 2, 1973, 240 calls were made from that telephone to the Turfmaster Wire Service which informed subscribers of the latest horse racing results and betting odds on sports events.

On January 6, 1973, James Register was observed to be using Apartment 18 at 12132 Sitka. Garcia knew Register to be a bookmaker who was last arrested in November, 1972. Register was kept under surveillance and was seen to leave his residence at 4328 Cypress, El Monte, at 8:30 a.m. on days local tracks were operating, purchase a newspaper, then proceed directly to 12132 Sitka, Apartment 18. Register would remain there until 6:00 p.m., then drive home. This behavior was observed about 20 times between January 6, and February 21, 1973. On January 9, 1973, and January 12, 1973, Garcia saw Register take papers and what appeared to be records out of the Sitka apartment.

On February 5, 1973, Jacob Jackson was tending bar in El Monte. Garcia observed numerous bar patrons discussing horse racing and the losses they had sustained to their bookie. A patron named Andy mentioned losing $80. He gave Jackson a check for that amount. Jackson took a piece of paper out of his pocket, and stated, 'that's right.' Jackson gave some patrons money after looking at the piece of paper. A patron named John talked to Jackson about losing money. Jackson looked at the piece of paper and then collected some money from John.

On February 7, 1973, Garcia was again maintaining surveillance of the bar in El Monte. He observed John place a telephone call from a pay phone outside the bar to 579--3773. Garcia overheard John say, 'Ryder, John B. again, give me $10 to win on Banchory Jim Jon in the fifth. Yeh, I settled up with Jake on Monday.' Garcia learned at the bar that Jackson was nicknamed Jake. The phone number which John had called was located at 9918 Rio Hondo Parkway, Apartment 15. Garcia contacted Groninga who had the apartment under surveillance and learned that Lingo was the only one inside at the time of the call.

From February 6, to February 16, 1973, the affiant deputies maintained surveillance of 5023 Rosemead Boulevard, Apartment 3. ⁶ The telephone number at the location was listed to a Sheila Hopper. Deputy Groninga ascertained that the apartment was the residence of defendant herein who was known to officers from past bookmaking arrests, the most recent in September, 1972.

On February 7, 1973, Groninga observed defendant and an unknown female companion leave the Rosemead apartment and drive to a meat market in Arcadia. There numerous people came up to defendant and conversed briefly with him. During these conversations the people would point to a copy of the National Daily Reporter. Defendant would escort each person to the back of the market, remain there a few minutes, then return and repeat the procedure with another person. When he left the market defendant drove to a bar where he engaged several patrons in discussions about horse racing. After each discussion defendant went outside the bar to use the telephone. From the bar defendant went to a bowling alley where again, numerous people would look at the racing section of a newspaper, then talk to defendant and point to the racing section. Defendant would write on a piece of paper during these conversations. At the conclusion of each conversation defendant's female companion would place a call on a pay phone.

By checking telephone records, Garcia learned that calls were placed to the Rosemead apartment from 227 South Orange Blossom 59 times in November and December, 1972. Phone calls were also placed from 227 South Orange Blossom to the unlisted number of one Sam Lisner, known to Garcia and other officers to be the boss of various bookmaking operations. Lisner's number was called 73 times in November, 1972, 117 times in December, 1972, and 12 times in January, 1973. On racing days there were an average of 6 to 7 calls daily, on non-racing days there was only one call a day. There were a total of 21 calls made to Lisner's number from 12132 Sitka, Apartment 18 between January 5, 1973, and March 7, 1973, all of them on racing days, during racing hours. There were also calls placed to the Lisner residence from 9918 Rio Hondo Parkway and from 5023 Rosemead.

On February 21, 1973, Garcia observed Lingo leave 9918 Rio Hondo and go to 12132 Sitka, Apartment 18. At the latter site Garcia met Groninga who informed him that Register had been inside Apartment 18 all day. At about 6:30 p.m., Garcia observed Lingo and Register leave the apartment. Register was carrying a green plastic trash bag which he placed in a large trash receptacle at the north side of the apartment house. Garcia went to the trash receptacle and discovered that it was used by approximately 60 persons in the 19 unit apartment building. There was a large amount of trash in the receptacle, but there was only one green trash bag. Garcia removed the bag and opened it. Inside he found:

10 Daily Tally sheets showing names of agents--one of which had a bet with 'John;'

80 slips of paper showing payoffs on winning horses at Santa Anita;

10 National Daily Reporters, all marked;

49 slips of paper showing weekly owes and pays to bettors, including a notation to collect $80 from 'Andy;'

12 slips of paper showing daily owes and pays to agents;

62 pieces of paper...