Levy

By information, defendant Michael Sandor Levy and his co-defendant Patricia Ann Pierson were jointly charged with possession of heroin for sale. (Health & Saf. Code, § 11500.5.) A Penal Code section 1538.5 motion was made on behalf of both defendants and submitted on the transcript of the preliminary hearing. The court denied the motion as to defendant and granted it as to codefendant Patricia Ann Pierson. Defendant Levy did not seek a pretrial review of the ruling denying the motion to suppress as to him and proceeded to trial before a jury, which found him guilty of simple possession of heroin (Health & Saf. Code, § 11500), a lesser and necessarily included offense to that charged. Probation was denied and defendant was sentenced to state prison. He appeals from the judgment contending that the denial of his motion to suppress under Penal Code section 1538.5 constituted reversible error. (Pen. Code, § 1538.5, subd. (m).)

Defendant argues that he was physically seized (arrested) by the officers just a few steps outside of the Piersons’ front door without a warrant of arrest and without reasonable or probable cause.

I.

The only witness produced by the People at the…