People v. Sayles

Appellant, convicted of possession of narcotics (Health & Saf. Code, § 11500), appeals upon the theory that the only evidence against him was obtained through an unreasonable search and seizure. His counsel makes two points, (1) that a search without a warrant cannot be made where the police have had ample opportunity to procure a search warrant and have failed to do so, (2) that a lawful search cannot be made when section 844 Penal Code is violated— through forcible entry without “having demanded admittance and explained the purpose for which admittance is desired.” Neither contention can be…