Cox

The People appeal, under subdivision (7) of section 1238 of the Penal Code, from an order dismissing a prosecution for narcotic violation after the court, on the mo *817 tion of defendants, had made an order under section 1538.5 of that code suppressing certain evidence. We affirm the order.

For reasons discussed below, if the order under section 1538.5 was properly made, a right to a dismissal of the prosecution followed. Defendants sought the order of suppression on two grounds: (1) that the evidence suppressed was secured by the police as the result of an entry made in violation of section 844 of the Penal Code; (2) that the evidence procured by the police officers prior to their entry was obtained by an unconstitutional violation of defendants’ right to privacy; and that, without such evidence, there was no cause to arrest or enter. 1 We conclude that the first contention is correctly taken and that we need not determine the second.

A neighbor of defendant Kellotat reported to the police that she had observed someone injecting himself in Kellotat’s apartment and that many different persons went in and out of that apartmént. From other sources the police knew of narcotic…