Frazier

Defendant was charged with violations of Health and Safety Code sections 11351 (possession of heroin for purpose of sale) and 11357 (possession of marijuana). A motion to suppress evidence seized at the time of defendant’s arrest was denied with respect to “plain view” evidence, but granted as far as evidence not in plain view is concerned. The case was then submitted, mainly on the transcript of the preliminary hearing. Defendant was found guilty of simple possession of heroin and of possession of marijuana.

Facts

On November 8, 1975, at about 8 p.m., Officers Taylor and Parks were flagged down by a lady who told them “that she had heard what sounded to her to be screams coming from” what later turned out to be defendant’s residence. The officers approached defendant’s house with the intention of ascertaining if anyone was in danger or if any crime was being committed. No unusual noises were heard. They knocked on the door. Defendant opened the door. The officers told him what they had been told about screams. Defendant said there was no one in the house and he had heard no screams. Taylor then asked for permission to “come in and check to make sure there is no one in…