Herrera

*388 Opinion

Carlos Salazar Herrera appeals from a judgment of imprisonment rendered after a plea of guilty to violation of Health and Safety Code section 11351 (possession of heroin for sale). He poses one issue which was raised in a motion pursuant to Penal Code section 1538.5, whether the use of a copy of his driver’s license picture for confirming an eyewitness identification is a violation of his right to privacy.

Facts

Federal drug enforcement agents met with their informant and a co-defendant in this case for the purpose of purchasing heroin. The codefendant was the link between the purchaser and the supplier, who subsequently was identified as defendant Herrera. The supplier drove to a predesignated location and exchanged heroin for money, the exchange being made with the codefendant who then gave the heroin to the agents. The agents were in the immediate proximity of the transaction and witnessed the exchange. This occurred on November 2, 1978, and November 7, 1978.

During a surveillance after the first sale, it was determined that a suspect vehicle was registered to Carlos Herrera. Agent Plattos obtained a copy of defendant Herrera’s driver’s license from a fellow…