People v. Superior Court

• Decision Date: 29 February 1972
• Citation: 6 Cal.3d 704,100 Cal.Rptr. 319,493 P.2d 1183
• Court: California Supreme Court
• Parties: , 493 P.2d 1183 The PEOPLE, Petitioner, v. The SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; Stanley Charles JOHNSON et al., Real Parties in Interest. L.A. 29872. In Bank

Page 319

100 Cal.Rptr. 319

6 Cal.3d 704, 493 P.2d 1183

The PEOPLE, Petitioner, v. The SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent;

Stanley Charles JOHNSON et al., Real Parties in Interest.

L.A. 29872.

Supreme Court of California,

In Bank.

Feb. 29, 1972.

Rehearing Denied March 30, 1972.

Joseph P. Busch, Jr., Dist. Atty., Harry Wood and Arnold T. Guminski, Deputy Dist. Attys., for petitioner.

No appearance for respondent.

Richard S. Buckley, Public Defender, James L. McCormick, G. Keith Wisot and Harry W. Brainard, Deputy Public Defenders, Burton Marks, Marks, Sherman & Schwartz, Beverly Hills, for real parties in interest.

McCOMB, Justice.

The People seek a writ of mandate to compel respondent court to annul that portion of an order which suppressed some of the evidence in a case in which five defendants (real parties in interest herein) were variously charged with violations of section 4463 of the Vehicle Code (possession of forged or altered license), section 475 of the Penal Code (possession of forged bill), section 472 of the Penal Code (counterfeiting seal of California), and section 484e, subdivision (2), of the Penal Code (possession of lost or stolen credit card).

Facts: The Los Angeles County Sheriff, Special Units Bureau, Forgery, conducted an investigation of a group of individuals suspected of forging drivers' licenses and dealing in stolen credit cards. On December 22, 1969, the Municipal Court for Los Angeles Judicial District issued a warrant to search three locations: (1) 711 Lillian Way, Apt. 3, Hollywood, (2) 620 West 41st Place, Los Angeles, and (3) 3130 West 59th Street, Los Angeles. Certain items were taken from each of the three locations by law enforcement officers on December 23, 1969. Defendants were thereafter indicted, and criminal proceedings were commenced against them in respondent court, which proceedings were consolidated for trial.

Defendants moved, pursuant to section 1538.5 of the Penal Code, to suppress the seized evidence, on the ground that it had been obtained as a result of an unreasonable search and seizure. Respondent court upheld the warrant with respect to the first location, but held that the affidavit supporting the warrant was not legally sufficient with respect to the second and third locations.

The affidavit was made by Sergeant D. P. James, of the Los Angeles Sheriff's Office. With respect to the third location (59th Street), it reveals the following:

'On November 28, 1969 . . . and on various subsequent occasions thereafter, terminating on 12/19/69 your affiant received the following information from Samella Germany . . . a fellow deputy sheriff, that on 11/26/69 a male negro known only as 'Levy' advised said deputy sheriff . . . that he could secure for her counterfeit or fictitious California drivers licenses, that on same date Deputy Germany gave said 'Levy' photographs and a description of herself for said 'Levy' to secure a counterfeit California drivers license under the name of Carol Oliver; that on 12/1/69 Deputy Germany met the aforesaid 'Levy' and he turned over to her a counterfeit California drivers license, bearing the Deputy's picture on it and bearing the name Sharon Bloom, License No. R--389165; that said 'Levy' stated he received the license from Clifford McDaniel, on the evening of 11/30/69 and further stated that McDaniel was out of blank California drivers licenses forms and had used the picture of Deputy Germany on a previously counterfeited license with a name and description of a Sharon Bloom. 'Levy' also stated that he was directed by Mc Daniel to go to 3130 West 59th Street, Los Angeles and secure from a male negro named 'Stanley' some blank California drivers licenses; that said 'Levy' did comply with the instruction of Clifford McDaniel and met 'Stanley' and that 'Stanley' advised 'Levy' that he could make drivers licenses for him anytime.

'That on 12/2/69 Deputy Samella Germany . . . advised 'Levy' that she needed a new drivers license as the one in the name of Sharon Bloom did not fit her description; that 'Levy' made a telephone call stating that he was talking to Clifford McDaniel and that McDaniel requested them to contact him after 9:00 a.m. At approximately 9:15 p.m. on 12/2/69, Deputy Germany, accompanied by the person named 'Levy' proceeded to 711 Lillian Way, Apt. 3, Hollywood, California . . .. Deputy Germany entered the premises with 'Levy' and was introduced to Clifford McDaniel . . ..

'. . .pre

'At approximately 10:15 p.m. on 12/2/69 while still at the aforeasid 711 Lillian Way, Hollywood . . . Deputy Germany was shown by 'Levy' a counterfeit Pacific Telephone Payroll check and advised by Clifford McDaniel that a 'Stanley' Johnson was handling them and that if they needed any more people to pass them that they would let her know.

'That on 12/5/69 at approximately 11:30 a.m. Deputy Germany phoned Clifford McDaniel . . . advising . . . that (she) needed a new drivers license to match the name of Virginia C. Johnson . . .. At approximately 4 p.m., Deputy Germany . . . recontacted Clifford McDaniel and was advised to go to Ralphs Market at 95th Street and Crenshaw Boulevard and call him from there. At approximately 5:30 p.m., Deputy Germany called Clifford McDaniel from 59th and Crenshaw Boulevard and was advised by McDaniel that she would be met by 'Stan' giving her 'Stan's' description. At approximately 5:35 p.m. Deputy Germany was approached by a male negro . . . who identified himself as 'Stan.' Deputy Germany gave 'Stan' the photographs of herself and a description that was to appear on the drivers license with the name of Virginia Johnson. 'Stan' stated it would take approximately 20 minutes for him to return with the license. At aproximately 6:15 p.m. 'Stan' returned to the market, handed Deputy Germany a counterfeit California Drivers license in the name of Virginia C. Johnson, No. H 798906 and requested and was given $35.00 by Deputy Germany. 'Stan' asked Deputy Germany how many licenses she usually needed and was told that she used two or three a week. 'Stan' then stated that he had some of the new license forms with the State seal on the front and stated that he would take care of her for licenses and gave her his telephone number (295--7934, registered to Charles Johnson, 3130 59th Street, L.A.) to call when she needed another license.

'At approximately 9:00 a.m. on 12/9/69, Deputy Germany phoned 'Stan' at 295--7934 and told him that she had a new credit card and needed another drivers license in the name of Harriett L. Smith. 'Stan' stated that he was busy right then and for Deputy Germany to contact Clifford McDaniel who would contact him, Stan, about 10:30 or 11:00 a.m. to have him make up the license. (Thereafter, following further developments, Deputy Germany obtained a driver's license from McDaniel at the Lillian Way address.)

'. . . An investigation was made through the Special Operator, Pacific Telephone Company, for the location 3130 West 59th Street, telephone number 295--7934 . . . and ascertained that said number was issued to Charles Johnson located at 3130 West 59th Street, Los Angeles.'

In holding the affidavit insufficient with respect to the 59th Street location, respondent court found 'that there were insufficient facts . . . related in the affidavit, to justify the issuance of the search warrant. The Court realizes that Levy's statement that he had procured blank driv ers' licenses at that address from Stanley is in the Affidavit on page 2--A; There is no spelling out of a date with any sufficiency as to when this occurred or as to how many licenses were seen, how many blank licenses were seen. There is no (sic) anything of a factual nature related sufficiently to justify a person of ordinary caution and prudence to believe the property would be at 3130 59th Street. The Court realizes that Levy, at the time the Affidavit was made, or at the time that the negotiations were going on which him, the information was being received from him, had probably been reinforced even though he was unreliable to begin with to such an extent by the deputies, Deputy Germany's investigations and activities, that he could probably have been relied upon. But there are not sufficient facts related in Levy's statements to justify the belief that the property was at 3130 59th Place at any given time.' (Italics added.)

With respect to the second location (West 41st Place), the affidavit reveals the following: About 4 p.m. on December 16, 1969, the affiant (Sergeant James) received information from a 'confidential informant' that 'Stanley Johnson was aware that his residence at 3130 West 59th Street, Los Angeles was under observation by law enforcement officers and subsequently moved all or part of his equipment used in the making of false identification, to 620 West 41st Place, Los Angeles, upstairs, the downstairs being vacant. He further stated that the persons residing at that location were known to him as 'T. J. and Betty.' The informant further stated that he observed blank checks, blank driver's licenses and fluid used in the operation of making driver's licenses, at 41st Place, Los Angeles.' The affiant alleged that the confidential information was considered reliable on the basis that, 'In the past this informant has given to your affiant on 1 separate occasions (sic) that one Jacqueline Wolf was wanted for forgery by the Beverly Hills Police Department and that she resided at 4786 Don Miquel, Apt. 3, Los Angeles,' and that the affiant had verified this information to be correct and accurate. The affidavit recited that the information had led to the arrest of a person wanted for forgery, but that the arrest had not resulted in anyone's being held to answer or convicted, 'as neither the preliminary hearing or trial has yet been held.'

With respect to the 41st Place location, respondent court found the place and the property sufficiently described ¹ but found 'that there...