Beal

By information appellant was charged in count I with possession of heroin, in violation of Health and Safety Code section 11350, and in count II with being under the influence of heroin, in violation of Health and Safety Code section 11550. A prior felony conviction was also alleged. After denial of his motion under Penal Code section 1538.5, appellant pleaded guilty to count I, count II was dismissed, the prior was stricken, and appellant was sentenced to imprisonment in the state prison. This appeal is limited to the validity of the ruling on the section 1538.5 motion (Pen. Code, § 1538.5, subd. (m).)

On December 12, 1973, at 3:15 p.m., Officer Roger Nustad and his partner Detective Grayson of the El Monte police were parked in their police vehicle with a view of the Spic and Span Motel at Valley Boulevard and Shirley Street in El Monte. Officer Nustad observed appellant and another person, subsequently identified as Raymond Valencia, leave the motel and walk about 20 or 25 feet to a Volkswagen parked in the driveway of the motel. Both appellant and Valencia were staggering, and it appeared that they were intoxicated. They entered the vehicle and drove out of the…