Castaneda

By information petitioner was charged with possession of heroin in violation of Health and Safety Code, section 11500. His motion to set aside the information on the ground that the evidence against him was obtained by an illegal search and seizure was denied, and he now seeks prohibition to prevent his trial. (See Badillo v. Superior Court, 46 Cal.2d 269, 271 [ 294 P.2d 23 ].)

Evidence was presented at the preliminary hearing of the following facts: On November 21, 1961, Deputy Sheriff Copping of the narcotics detail of the Los Angeles sheriff's office and three other officers went to John Spade's house in Lynwood. They had no arrest or search warrant. Deputy Copping knew that Spade was a narcotics addict and had received information of narcotics traffic at his house. The officers arrived about 7:30 p.m. and put the house under surveillance. About 7:45 p.m. someone arrived in a car, entered the house, stayed about 15 minutes, and then drove away. About 8:30 p.m. two people arrived in a car, parked in the driveway, and entered the house. About 9 p.m. one officer went to the front door, another officer went to the back door, and Deputy Copping and the fourth officer…

By information petitioner was charged with possession of heroin in violation of Health and Safety Code, section 11500. His motion to set aside the information on the ground that the evidence against him was obtained by an illegal search and seizure was denied, and he now seeks prohibition to prevent his trial. (See Badillo v. Superior Court, 46 Cal.2d 269, 271 [ 294 P.2d 23 ].)

Evidence was presented at the preliminary hearing of the following facts: On November 21, 1961, Deputy Sheriff Copping of the narcotics detail of the Los Angeles sheriff’s office and three other officers went to John Spade’s house in Lynwood. They had no arrest or search warrant. Deputy Copping knew that Spade was a narcotics addict and had received information of narcotics traffic at his house. The of *441 fleers arrived about 7:30 p.m. and put the house under surveillance. About 7:45 p.m. someone arrived in a car, entered the house, stayed about 15 minutes, and then drove away. About 8:30 p.m. two people arrived in a car, parked in the driveway, and entered the house. About 9 p.m. one officer went to the front door, another officer went to the back door, and Deputy Copping and the fourth officer went to…

On the facts which are shown to have been known to the arresting officers I am of the view that the search was justified. The justifying facts appear to include the following items: (1) the criminal conduct of the petitioner’s companions immediately preceding his arrest; (2) the behavior of petitioner himself at that time and following his arrest; (3) the information which the officers had that petitioner was an established trafficker in illegal narcotics ; (4) the inferences that petitioner had supplied the drug which Spade had injected, and that as a regular supplier petitioner would have cached away a further stock of the contraband. These are inferences which, I think, officers experienced and skilled in detecting and apprehending suppliers of illegal narcotics would properly have drawn from the above related probative facts.

Furthermore, I think it should occur to the officers that this petitioner would probably have an accomplice who, promptly following petitioner’s arrest (and disappearance of the law enforcement officers), would remove and secrete or destroy any contraband which might otherwise be found in petitioner’s home, or in any other place which might be…