Kinsey

Pursuant to subdivision (i) of Penal Code section 1538.5, petitioner seeks review of the validity of a seizure whereby a certain quantity of heroin was obtained by the police. The heroin, which was admitted-in evidence at petitioner’s preliminary examination upon a charge-of its possession (Health & Saf. Code, § 11500), was seized when a police officer forcibly entered petitioner’s hotel room, Petitioner challenges the seizure—and unsuccessfully moved below to suppress the evidence—upon the ground that the officer, although in possession of a warrant which .authorized a search of the room, did not comply- with the .notice requirements of Penal Code section 1531.

*190 We issued the alternative writ in order to examine petitioner’s contentions in the light of the Supreme Court’s recent decision in People v. Gastelo (1967) 67 Cal.2d 586 [ 63 Cal.Rptr. 10 , 432 P.2d 706 ]. Having done so, we conclude that the circumstances hereinafter discussed were such as to excuse the officer from complying with section 1531 • that the ensuing entry and seizure were therefore reasonable; and that the petition must be denied.

The search warrant was issued by a municipal court on October 5, upon…