Ortiz

While walking down a hotel hallway, two police officers passed the partially open door of a hotel room. Through the doorway, one of the officers observed defendant Fernando M. Ortiz in the room with a woman who was counting out tinfoil bindles and placing them on a table. Reasonably believing the bindles contained heroin, and fearing the contraband might be destroyed if he did not act immediately, the officer entered the room, arrested defendant and the woman, and seized the heroin.

After defendant’s motion to suppress evidence was denied, a jury convicted him of possessing heroin (Health & Saf. Code, § 11350), and the trial court found true the allegations that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b)) and had two prior felony drug convictions (Health & Saf. Code, § 11370.2, subd. (a)). Sentenced to state prison, he appeals.

In the published portion of this opinion, we reject defendant’s claim that there was no exigent circumstance to justify a warrantless entry into the hotel room to arrest him and, thus, the evidence seized incident to his arrest should have been suppressed. According to defendant, one officer should have maintained the…