Sanchez

—Defendant Rafael Aguirre Sanchez was convicted of possession of one-half ounce or more of heroin for sale (Health & Saf. Code, § 11351; Pen. Code, § 1203.07) and of the sale of one-half ounce or more of heroin (Health & Saf. Code, § 11352; Pen. Code, § 1203.07). On appeal defendant contends that the court erred in denying his motions to quash two search warrants and to suppress the evidence found in his apartment. We affirm.

Facts

On October 3 or 4, 1978, Deputy Sheriff Jack Williams obtained a warrant to search George Anaya, his apartment, all storage and trash bins pertaining to his apartment, and “any vehicle under [his] control at the time [the] warrant is served” for heroin and narcotics’ paraphernalia. Williams’ affidavit submitted in support of the warrant, stated that on October 3 Williams had been contacted by a confidential reliable informant (a self-admitted heroin user) who told Williams that he/she had purchased “pieces” of heroin from a man named George Anaya at least 30 times during the preceding few months, that he/she- had purchased heroin from Anaya that very day, and that Anaya “always had pieces that he sold for one thousand dollars ($1,000).” The…

Concurring and Dissenting. — I concur in parts 1 and 2 of the court’s opinion but dissent from part 3 dealing with evidence obtained inside Arredondo’s apartment during the course of a warrantless entry and search.

Under the federal and state Constitutions (U.S. Const., IV Amend.; Cal. Const., art. I, § 13) a warrantless entry and search of dwelling premises is unreasonable per se, unless it can be justified by some well-established exception to the warrant requirement. (Vale v. Louisiana (1970) 399 U.S. 30, 34 [ 26 L.Ed.2d 409, 413 , 90 S.Ct. 1969 ]; People v. Haven (1963) 59 Cal.2d 713, 717 [ 31 Cal.Rptr. 47 , 381 P.2d 927 ]; see also United States v. Chadwick (1977) 433 U.S. 1, 10-11 [ 53 L.Ed.2d 538, 547-548 , 97 S.Ct. 2476 ]; Chimel v. California (1969) 395 U.S. 752, 763-765 [ 23 L.Ed.2d 685, 694-695 , 89 S.Ct. 2034 ].) The burden of justification is especially heavy when, as here, an intrusion into dwelling premises is made by police officers in civilian clothes (T-shirts and Levis) during the dead of night (see Pen. Code, § 1533; People v. Watson (1977) 75 Cal.App.3d 592 [ 142 Cal.Rptr. 245 ]) and when those inside are not directly linked to suspected crime. At bench, the…

Defendant Rafael Aguirre Sanchez was convicted of possession of one-half ounce or more of heroin for sale (Health & Saf. Code, § 11351; Pen. Code, § 1203.07) and of the sale of one-half ounce or more of heroin (Health & Saf. Code, § 11352; Pen. Code, § 1203.07). On appeal defendant contends that the court erred in denying his motions to quash two search warrants and to suppress the evidence found in his apartment. We affirm.

On October 3 or 4, 1978, Deputy Sheriff Jack Williams obtained a warrant to search George Anaya, his apartment, all storage and trash bins pertaining to his apartment, and "any vehicle under [his] control at the time [the] warrant is served" for heroin and narcotics' paraphernalia. Williams' affidavit submitted in support of the warrant, stated that on October 3 Williams had been contacted by a confidential reliable informant (a self-admitted heroin user) who told Williams that he/she had purchased "pieces" of heroin from a man named George Anaya at least 30 times during the preceding few months, that he/she. had purchased heroin from Anaya that very day, and that Anaya "always had pieces that he sold for one thousand dollars ($1,000)."…