Goldberg

Defendant was charged by information of one count of possession of marijuana. After a jury trial he was found guilty as charged. He was granted probation on condition that he serve 90 days in the county jail. His appeal is from the order granting probation.

Officer James Mahan responded to a disturbing the peace call at a Huntington Beach motel at approximately 3:30 a.m. on October 1, 1967. Upon reaching the motel entrance, he was met by the manager, Thelma Bowman. The apparent cause for the complaint was loud music being played on a phonograph in one of the units. While standing by his car next to the manager’s office, the officer heard the music. The manager stated that she had not made the complaint and told the officer that she would go up to the room and ask the tenant to lower the volume. However, the officer indicated to her that the complaint had been received from a citizen who was not a resident of the motel and that he (the officer) wanted to speak personally to the occupants of the room.

Mahan and his partner, Officer Wehr, proceeded to the second level of the motel and knocked at the door of room 12, from which the music appeared to be originating. The door…