Wigginton

Following denial of a pretrial motion to suppress (§ 1538.5, Pen. Code), a jury found defendant guilty of a violation of the Dangerous Weapons Control Law (§ 12021, Pen. Code), and to be true allegations of two prior felony convictions—escape from prison (§ 4530, Pen. Code) and possession of heroin (§ 11500, Health & Saf. Code). He appeals from the judgment (order granting probation).

The sole issue is the admissibility of a revolver taken from the person of defendant. The following was offered on the motion.

Around 5 p.m. Officer Cook (in plain clothes) and one Randolph drove to a residence to purchase some “spoon quantities of heroin”; Randolph entered while he waited in the car in front; for 15 minutes he watched six persons separately enter and leave the residence; Randolph returned, said he “was sticking” and showed him a balloon and a paper bindle; by prearrangement they were stopped by several police cars, Randolph was arrested and the heroin was seized.

At 7:30 p.m. Cook and three other officers returned to the residence for further investigation; Cook watched the back door while the officers knocked on the front door and shouted “Police Officers”; a man…