Bourdon

This is an appeal from an order of commitment to the California Rehabilitation Center following a jury determination that appellant was in imminent danger of becoming a narcotics addict.

The initial proceeding which brought appellant before the court was a petition filed by the district attorney seeking involuntary commitment of defendant, in accordance with Welfare and Institutions Code sections 3100 and 3100.6.

Following the court’s compliance with sections 3102 and 3104, a hearing was held in compliance with sections 3106 and 3106.5; appellant was determined to be a person who is a narcotic drug addict as defined by section 3100.6; and he was committed to the California Rehabilitation Center. Appellant demanded that a jury trial be accorded him, in compliance with section 3108. In the course of the jury trial, he unsuccessfully sought to raise the issue of probable cause for his arrest, which arrest led to some of the evidence admitted against him. The propriety of raising the issue of probable cause during the jury-trial phase of the commitment proceedings is the sole contention on appeal.

We agree with appellant’s contention. It is now established that the…