Arellano

— Arellano appeals from a conviction for possession of heroin (Health & Saf. Code, § 11500) on the ground that evidence against him was obtained by an unlawful seizure.

A telegraphic warrant having been received for Arellano’s arrest for violation of parole, Los Angeles police officers went to the hotel where it was rumored he was living in order to arrest him. The officers learned from the manager that a person resembling Arellano was in Room 23. Without announcing their presence or demanding admittance, they unlocked the door to Room 23 with a passkey and pushed it open. Arellano was asleep in bed with a woman who was also registered in the room and who had been living with him for three weeks. The officers handcuffed Arellano and seized a gelatin capsule box on the dresser. Inside the box were capsules containing heroin, for whose possession Arellano was prosecuted and convicted.

Arellano contends the heroin was unlawfully seized because the officers making the arrest forced an entry into his room without first demanding admittance and explaining their purpose, as required by Penal Code section 844. (People v. Maddox, 46 Cal.2d 301, 306-307 [ 294 P.2d 6 ].) That section…