Kaaienapua

Kanake Kaaienapua was convicted by plea of possessing heroin (Health & Saf. Code, § 11350). Prior thereto he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He was sentenced to state prison and appeals contending: “I. Evidence obtained as a result of police eavesdropping from the vacant adjacent apartment should have been excluded as the fruit of an illegal search. II. Surreptitious police surveillance from the adjacent apartment violated appellant’s right to privacy- under article I, section 1 of the California Constitution.”

We view the evidence in the light most favorable to the order denying suppression as is required by the familiar rule governing appellate review. (People v. James, 19 Cal.3d 99, 107 [ 137 Cal.Rptr. 447 , 561 P.2d 1135 ].) Narcotics officers from the Santa Monica Police Department received information from one Gene Carter, the manager of a boarding house at 1140 Seventh Street, that appellant was involved in narcotics activity in the room he rented therein: Specifically, Carter said that he had seen numerous people coming and going from appellant’s room and that he had seen one girl there with her arm “tied off,” and that he…