Franco

Rudolf Flores Franco appeals jury convictions for possessing heroin for sale, possessing heroin and possessing drug paraphernalia arguing critical evidence underlying his convictions should have been suppressed because officers failed to give notice of their presence before entering his hut. (Pen. Code, 1 § 844.) We agree and reverse.

Facts

About 6:30 a.m. on August 30, 1984, Police Officer Larry Johnson and several other law enforcement officers went to 3471 Jefferson Street in Carlsbad to serve Rudolf Flores Franco with an arrest warrant for violating probation. The officers found three separate structures at this address: the main residence, a garage converted into a residence and a hut constructed of plywood, chicken wire, pieces of carpet and other material. The hut, approximately 10 feet long by 10 feet wide by 4 feet tall, was completely enclosed and had one wall adjoining the converted garage. The door to the hut was a blanket or drape. Based on information by an informant, Officer Johnson believed Franco was living in this hut.

Johnson went directly to the hut expecting to find Franco sleeping there. Without announcing himself or demanding admittance, Johnson…