Archuleta

Defendant appeals from a judgment of conviction for violating section 11350 of the Health and Safety Code (possession of a controlled substance-LSD). Defendant pleaded nolo contendere after the superior court had denied his motion, made pursuant to Penal Code section 1538.5, to suppress the use as evidence of the contraband found in his possession.

The hearing under section 1538.5 of the Penal Code was conducted on the basis of a stipulated set of facts. Those facts were as follows:

On September 11, 1974, at about 2:20 a.m., a police officer stopped defendant who was driving his vehicle in an erratic manner. There were *558 two male occupants in the vehicle with defendant. The officer, after determining that the defendant was not under the influence of alcohol, ran a warrant check over the police radio. The officer received back information of the existence of two outstanding traffic warrants for the defendant’s arrest. The aggregate bail on the two warrants was $307. The officer advised defendant of the amount of the bail, placed him under arrest and transported him to the police station for the purpose of posting bail. At the station defendant was asked if he had the…