Hayko

Appellant, in Santa Clara County Superior Court action No. 45802, was charged with a violation of Health and Safety Code section 11530 (possession of marijuana) and Health and Safety Code section 11530.1 (cultivation of marijuana). He pleaded not guilty and moved to suppress the evidence pursuant to Penal Code section 1538.5. ■ The motion to suppress was denied. Appellant withdrew his plea of not guilty, pleaded guilty to a violation of Health and Safety Code section 11530, and the other count was dismissed.

Appellant had previously been convicted in action No. 43866 of a violation of Health and Safety Code section 11557 (maintaining a place where narcotics are used, sold or given away) and a violation of Penal Code section 484 (petty theft) and placed on probation. On September 20, 1968, appellant appeared before the court on an alleged probation violation, and the matter was continued to October 25, 1968. On October 25 appellant failed to appear and a bench warrant was issued for his arrest.

On December 11, 1968, five police officers went to the appellant’s residence to arrest him, pursuant to the bench warrant. Officer Charvez and another officer went to the front…