Alaniz

Daniel Alaniz 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 appeals contending: “I. There was no compliance with Penal Code section 1531, and non-compliance was not excusable. II. The seizure of the balloon was incident to an illegal arrest.”

We view the evidence in the light most favorable to the order denying suppression as is required by the familiar rule governing appellate review (e.g., People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal.Rptr. 867 , 629 P.2d 961 ]) but recognize that, where, as here, the facts are undisputed, “. . . the ultimate responsibility of this court [is] to measure the facts as found by the trier against constitutional standards. [Citation.]” (People v. Aldridge (1984) 35 Cal.3d 473, 477 [ 198 Cal.Rptr. 538 , 674 P.2d 240 ].) Prior to the police procedures here challenged, appellant had demonstrated that he was a thorn in the side of “law enforcement” and the justice system as well. Apparently not content with Fourth Amendment principles, appellant and his cohorts conspired to create their own “do-it-yourself”…