HAROLD ARRENDONDO ORTIZ, APPELLANT,
v.
WALTER E. CRAVEN, WARDEN, APPELLEE

9th Cir. | 1971-05-12
No. 25200
442 F.2d 418 United States Court of Appeals for the Ninth Circuit (1971) Positive Treatment
Cited by 4 cases

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Holding

The court held that the district court's denial of the petition for a writ of habeas corpus was proper, as there was sufficient probable cause for the arrest and any constitutional error was harmless.


Facts & Procedural History

Ortiz, a state prisoner convicted of illegal possession of heroin for sale, appealed the denial of his habeas corpus petition. He argued his arrest la…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Ortiz is a California state prisoner, convicted and sentenced for illegal possession of herbin for the purpose of sale. Cal. Health & Safety Code § 11500.5 (West 1964). He appeals the District Court’s denial of his petition for a writ of habeas corpus.

Ortiz argues that there was no reasonable or probable cause for his arrest and that the evidence obtained from the ensuing search should have been excluded. The arresting officer, who had been assigned to a police Narcotics Division for over thirteen years, knew that great numbers of persons frequently visited Ortiz in his hotel, saw numerous scabs or “hype tracts” on Ortiz’s arms, and recognized constricted eyes indicating that Ortiz was possibly under the influence of narcotics. We cannot say that this was insufficient probable cause for an arrest. See People v. Herrera, 221 Cal.App.2d 8, 34 Cal.Rptr. 305 (1963); People v. Di Bla-si, 198 Cal.App.2d 215, 18 Cal.Rptr. 223 (1961).

To us, the prosecution’s evidence that Ortiz possessed the heroin for sale seems weak, but this is not a question of federal constitutional dimension. Townsend v. Sain, 372 U.S. 293, 312, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963). We find no constitutional error on the part of the trial judge or Ortiz’s trial counsel. Although certain statements made by Ortiz about his parole violation may have been introduced for more than establishing probable cause for the arrest, our review of the record convinces us that the admission of this evidence was harmless, beyond reasonable doubt. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).

Affirmed.


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