Perez

The People of the State of California appeal from a judgment of dismissal following the grant of a Penal Code section 1538.5 motion by defendant, Reymundo Frausto Perez, to suppress certain evidence (a balloon of heroin). The appeal lies. (Pen. Code, § 1238. subd. (a)(7).)

Defendant was charged with possession of heroin, a violation of Health and Safety Code section 11350. The charge stemmed from a search made by the police incident to booking defendant for violation of Penal Code section 647, subdivision (f)—being drunk in a public place.

Facts

On August 24, 1975, at approximately 10:15 p.m., uniformed Police Officers Thomas Herman and Carl Tomlinson were on routine patrol when they were waved down by Rosa Duarte, defendant’s estranged wife. She was upset and excited and told the officers in broken English that her husband had returned to her home, had argued with her, and had struck her in the face. She asked that the officers come back to her apartment to talk with him.

Officers Herman and Tomlinson were then shown to her apartment, room 303. This opened onto an interior hallway common to all apartments on the third floor of the building. Officer Herman knocked on…