Appeal from Circuit Court, Multnomah County. Alan F. Davis, Judge. No. C-71-09-2938.
Mark McCulloch, Portland, argued the cause and filed the brief for appellant.
John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Schwab, Chief Judge, and Langtry and Thornton, Judges.
Defendant appeals from a conviction upon trial to the court without a jury of possession of a narcotic drug, heroin. Former ORS 474.020. One of the issues presented on appeal is whether or not the state established a sufficient chain of custody of the narcotic allegedly found on the defendant. There is no merit to the defendant's contention that the state did not, and a discussion of it is not warranted beyond noting that the principle involved is dealt with in detail in State v. Anderson, 242 Or 368, 409 P2d 681 (1966), and State v. Winslow, 3 Or App 140, 472 P2d 852 (1970).
The other issue is whether the police had probable cause to arrest the defendant. The police activity which led to the arrest and conviction of the defendant commenced when a Portland police officer was notified by a reliable informant*fn1 that the defendant was in
possession of a large quantity of heroin stored in a particular place on her body, that she was riding in a green Riviera automobile belonging to one Johnnie Faye Park, and that the defendant would be getting rid of the heroin shortly.
At the time the officer received this information from the informant he had already received, some 48 hours before, information from another reliable informant that the defendant had a large amount of heroin, and that she was distributing it. At this time the officer also knew from a recent investigation that Johnnie Faye Park was "a dealer of heroin," and that "her residence was used as a stash pad or cutting pad for heroin dealers." Although the officer did not precisely so state, it is clear from his testimony that the investigation he was referring to was an investigation conducted by the Portland police department. He also knew from his own observation that Johnnie Faye Park operated an automobile which met the informant's description.
Upon receipt of the information from his informant the officer immediately proceeded to the residence of Johnnie Faye Park. He found defendant sitting in Park's automobile in front of the residence. He immediately placed defendant under arrest for illegal possession of narcotics and "advised her of her Constitutional rights." He did not search her, because it is the practice to take an arrested female to the police station for search by a police matron. En route to the police
station defendant asked what was going to happen and the officer told her she was going to be searched at the station. Shortly before arriving at the police station defendant voluntarily gave a package, which she had secreted on her body, to the officer, which contained heroin.
The officer concedes that he did not ask the informant the basis of his knowledge, stating in response to a question during a ...