Sanchez

The trial court found defendant guilty of possession of heroin. The following facts appear from the testimony of James J. Barry, a state narcotic agent: Around 6 :45 p. m. Agent Barry, his partner and Sergeant Caskey of the Los Angeles Police Department, Bureau of Narcotics, were conducting a narcotic investigation on the premises of a hotel located at 92 North Broadway, Los Angeles. They were on the second floor in the office of the manager when they saw defendant, whom Agent Barry knew by description and nickname, and another person walking along the landing carrying groceries. As the officers emerged from the office they confronted the two and identified themselves; Agent Barry asked defendant his name; he did not ask him to stop but defendant did so. He said his name was Frank Sanchez, known as “Kiko,” and answered a series of questions asked by Agent Barry—whether he had ever been arrested, to which he replied, “Yes,” for “narcotics,” if he was using narcotics, to which he said, “Yes,” and if he had any on his person, to which defendant answered, “No.” Then Agent Barry asked defendant “if he minded if he searched his person”; defendant stated, “No,” whereupon the agent put…