Garavito

Defendant was charged with unlawful possession of narcotics in violation of section 11500 of the Health and Safety Code and with a prior conviction under that section. He pleaded not guilty, and waived a jury trial. The court found him guilty of both charges. Defendant appeals.

The facts are not materially in dispute. Officer Villahermosa was a deputy sheriff assigned to the narcotic detail, and experienced in that work. On information received from an informant not known to be reliable, and on information received from several radio ear deputies to the effect that they had observed male visitors, at varying hours of the day and night, visit the premises for short intervals, Villahermosa decided to observe the premises personally. He did so. On one occasion he observed conditions for an hour and a half and, during that time, saw four men enter the premises at various times, staying but three to five minutes. On a later occasion he *763 observed defendant, then unknown to him, approach the premises with his wife and child. The wife entered the house from the front, but defendant entered from the rear. Although this last observation involved nothing in itself suspicious, the other…

I dissent. This trial was held prior to June 14, 1966, and therefore is not controlled by the inhibitions of Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]. (Johnson v. New Jersey, 384 U.S. 719 [ 16 L.Ed.2d 882 , 86 S.Ct. 1772 ].) Under these circumstances, I am persuaded by the dissent of Mr. Justice Fleming in the Court of Appeal ( 50 Cal.Rptr. 368 ), and adopt it in haec verba as my conclusion :

In my view Garavito’s statements to the police on the scene at the time of the raid were given during the investigatory phase of the case and properly admitted in evidence. (People v. Stewart, 62 Cal.2d 571 [ 43 Cal.Rptr. 201 , 400 P.2d 97 ] ; People v. Cotter, 63 Cal.2d 386 [ 46 Cal.Rptr. 622 , 405 P.2d 862 ]; People v. Jacobson, 63 Cal.2d 319 [ 46 Cal.Rptr. 515 , 405 P.2d 555 ].)

The police, acting on information from informers and on *767 their own observations of activities at particular premises, made a raid at 9 p.m. on a house about whose occupants they had little specific knowledge. Three adults were on the premises. Garavito was seen running into the baby’s bedroom and was apprehended near its crib. In the baby’s clothes narcotics and…