Armenta

Armenta seeks a writ of mandate to suppress certain evidence which he claims was seized pursuant to an unconstitutional and illegal search. (See Pen. Code, § 1538.5, subd. (o).) On April 23, 1976, this court issued a temporary stay of appellant’s trial. Qn June 9, 1976, we granted an alternative writ and set the matter for hearing.

We now think that the search was illegal but not unconstitutional and will therefore deny the peremptory writ.

Facts

In December 1975 and January 1976, the Santa Barbara Sheriff’s Department, using one Eugene Lancaster as its informant, undertook a heroin buy program. Lancaster, facing probation revocation in another matter, told sheriff’s deputies that he could purchase narcotics from some 21 persons including appellant, enrolled in the Santa Maria methadone program. Lancaster was himself enrolled in the program during the two months in question. Lancaster had purchased heroin from and had been acquainted with petitioner prior to either’s participation in the methadone program.

On January 26, 1976, Lancaster went to the Santa Maria Methadone Clinic with instructions from sheriff’s deputies to buy heroin from petitioner. Lancaster was…