Schad

Defendant appeals from the judgment (order granting probation) following pleas of guilty to one count of possession of seconal in violation of Health and Safety Code section 11910 and a count of possession of cocaine for sale in violation of Health and Safety Code section 11500.5, contending that evidence against him was obtained by (a) an illegal entry and consequently illegal search and seizure of narcotics in his home and (b) an illegal entry, search and seizure of narcotics in a hospital emergency treatment room.

We summarize the evidence from the transcript of the preliminary examination, upon the basis of which the trial court denied defendant’s motions to set aside the information and to suppress evidence.

The Seconal Offense

Investigating officers were reliably informed that defendant was engaged in the sale and possession of narcotics. On June 16, 1970, a warrant was issued authorizing the search of his home at 4305 23d Avenue, Sacramento, California. Officers went to the premises at approximately 6:30 p.m. that date, but did not serve the warrant because it appeared no one was home. The following day, at about 10 a.m., approximately eight officers, including…