Martinez

This is an appeal by the defendant from a judgment of conviction of the possession of amphetamine, in violation of section 4230 of the Business and Professions Code. The evidence was obtained by a search of defendant's ear. The police officer observed defendant sitting in his car at 2 a.m. and questioned him because of the hour and the area where frequent arrests had been made for burglaries and narcotic violations. The officer had no warrant nor. any further information regarding the defendant or his ear, other than that it was registered in another name but was not listed as stolen. Both the defendant and the officer testified that the defendant was cooperative when the defendant was first asked to identify himself. Both testified that the defendant allowed the officer to look around inside the vehicle. The officer then searched the front seat area and the glove compartment. Thé officer then asked to look in the trunk of the car. There was no key to the trunk and it was not locked. The defendant told the officer that the trunk contained a spare tire, car battery and some tools. The officer testified that he had defendant lift the trunk lid. The defendant testified that the…