Fraher

Petitioners seek a peremptory writ of prohibition pursuant to Penal Code sectionl538.5, subdivision (i) on the ground that the evidence obtained against them was the product of an unreasonable search and seizure. The petitioners sought to suppress certain evidence of narcotics seized after a search of petitioners’ home.

The evidence presented to the trial court at the special hearing pursuant to Penal Code, section 1538.5 revealed that Officer Figelski of the Los Angeles Police Department observed a report pinned on the bulletin board a couple of days prior to October 5, 1968, to the effect that sales of heroin were taking place from a particular address on Tarzana Drive, and that a man, woman, and small child lived there. The officer presumed that the information contained in the report was from some anonymous complaint which had been called in. Figelski, in the company of two other officers, went to that address at 11:45 p.m. on October 5, 1968. So far as Figelski knew, there had been no police surveillance of the house. Upon looking through a front window, Figelski observed that the lights were on and that a man and woman were inside, apparently asleep. In an alcove located…