Allen

Defendant, after a jury waiver and submission on the transcript of his preliminary hearing, was found guilty by the court of possession of heroin. (Health & Saf. Code, § 11500.) Criminal proceedings were suspended and he was committed (pursuant to Welf. & Inst. Code, § 3051), to the California Rehabilitation Center for treatment. He was subsequently found by the Director of Corrections (under Welf. & Inst. Code, § 3053) not to be a fit subject for treatment and was returned to the trial court where criminal proceedings were resumed. The court denied probation and sentenced him to prison. In this appeal from the judgment of conviction, defendant contends (1) that the evidence which convicted him was the product of an illegal arrest and search and (2) that the Director of Corrections abused his discretion in rejecting him for treatment at the rehabilitation center.

Deputy Sheriff Hollis, on the afternoon of August 4, 1965, received a radio dispatch to investigate “suspicious persons and possible narcotic suspects’’ in a house at 132d and Mona. The officer had been to this residence two weeks before. It was then unoccupied with the windows boarded up. He drove to the vicinity of the…