Fulkman

—Defendant has appealed from a judgment of conviction entered following a guilty plea to one count of unlawfully possessing heroin for sale (Health & Saf. Code, § 11351). On appeal, defendant contends that the magistrate improperly denied his Penal Code section 1538.5 motion to suppress certain evidence, because, he argues: (1) the magistrate failed to make an explicit finding that there was no choking or choke hold applied by the officers in removing a wad of heroin from defendant’s mouth; (2) the magistrate’s implied finding that there was no choking or choke hold applied by the officers was not supported by substantial evidence; and, (3) even if the officers did not apply a choke hold or choke defendant during the extraction of the wad of masking tape, the evidence must be suppressed because the officers’ conduct “shocks the conscience” and thereby offends due process.

We have determined, however, that the magistrate impliedly found that there was no choke hold or choking applied by the officers, that the finding was supported by substantial evidence and that the officers’ conduct was reasonable under the circumstances. Therefore, we shall affirm.

Facts

In January…