Elliott

The defendant has appealed from a judgment of conviction of the crime of possession of heroin. (Health & Saf. Code, § 11500.)

The appellant contends that there was no probable cause for his arrest. He further asserts that his constitutional rights were violated because of the manner in which evidence offered against him was obtained. Claims of unfairness with respect to his trial are also urged.

The trial judge was the trier of fact, a trial by jury having been waived by the appellant. The evidence will be summarized. Richard P. Denver, a police officer for the city of Los Angeles, was in the area of Berendo Street and Pico Boulevard at about 1:15 a. m. on December 5, 1959. He was in a police vehicle with Officer Jilg. The defendant went by their vehicle on a motorcycle which had no rear light. They stopped the appellant and asked for his driver’s license. The officer then called into the police department to determine if there were any outstanding traffic warrants for the appellant and what his past record was. He ascertained that there were two or three outstanding traffic warrants, “which were good for nighttime service,” and that the appellant had had a recent narcotic…