Aguilar

Defendant appeals from a conviction following a grand jury indictment charging him with three counts of selling heroin in violation of Health and Safety Code section 11501. The heroin was sold to undercover agent Allen.

The modus operandi in each instance was a “strip search” of Allen by police officers before he left headquarters to contact defendant; then Officer Bain, who was present at each search, accompanied Allen to a point near the place of purchase, but remained out of sight in an unmarked police car parked on a parking lot. Two other officers, equipped with binoculars and two-way radios, stationed themselves in the locality where the contacts were to be made; Officer Trejo observed two of the sales from an upstairs window of a hotel across the street, and in the third instance Officer Ortiz followed Allen and observed him make the purchase from defendant. The two officers kept in touch with Bain at the police car. After making each purchase, Allen placed in his mouth the balloon handed to him by defendant, then returned to the police car and delivered the contraband to Officer Bain. After each transaction, Officer Bain radioed the other officers that Allen had…