Olson

Defendant was charged with possession of heroin (§ 11500, Health & Saf. Code.) Her motion to suppress evidence pursuant to section 1538.5, Penal Code, was denied. Thereafter she entered a plea of guilty to the charge. Her appeal is from order granting probation after a plea of guilty based upon denial of motion under section 1538.5.

In the evening of June 17, 1970, Mary Voisan went to her door in response to a ring and saw defendant holding a map; defendant asked for a man by name; she told defendant no one by that name lived there. Defendant appeared to be drunk; she swayed and her speech was slurred. Mrs. Voisan had difficulty understanding her. While defendant had no odor of alcóhol on her breath, Mrs. Voisan formed the opinion she was unable to care for herself and offered her the use of the telephone to call a friend. Defendant declined then staggered away and barely made it to her car which was parked in front of Mrs. Voisan’s house about 30 to 40 feet from the front door. Mrs. Voisan did not think defendant was fit to drive and did not want her to hurt herself or anybody else; she called defendant back and asked her whether she would like to use the phone.…