People v. Gonzales

In this narcotics case the main issue is the sufficiency of the evidence to support the finding of the trial court that an entry into a home without a compliance with Penal Code section 844 was excused by reason of the officers’ reasonable belief that evidence would otherwise have been destroyed.

Defendant is here appealing from the judgment following his conviction of possession of methadone (Health & Saf. Code, § 11500) and sale of heroin (Health & Saf. Code, § 11501). Prior to trial the court denied defendant’s motion to suppress the evidence taken from his home without a warrant. Defendant then waived a jury trial and submitted the case to the court upon the transcript of the preliminary examination and the evidence received on the motion to suppress.

The only testimony in the record is that of Deputy Sheriff Kennerly, who was attached to the narcotics bureau.

On May 9, 1968, Deputy Kennerly received information from a reliable informant that defendant was engaged in the sale of heroin. In Kennedy’s presence the informant dialed a telephone number purported to be that of defendant and, after being asked whether he had “any stuff,” the male voice at the other end of…