I dissent. Petitioner seeks a writ of prohibition against the Superior Court of the City and County of San Francisco restraining said court from proceeding further in the ease of People v. Robert G. Tompkins, which charges him with violating section 11530 of the Health and Safety Code of the State of California.
Pacts: On April 6, 1962, San Francisco police officers arrested one Edward Nieman in his automobile in San Francisco. In the course of this arrest and a search of the automobile occupied by Nieman, 17 bags of marijuana were seized.
Prior to Nieman’s arrest, the police had learned that he had two telephones, one at a Folsom Street address and the other at 700 Shotwell Street. The one at 700 Shotwell Street was listed to Nieman and also to Robert Tompkins, the petitioner herein. Nieman at first denied that he lived at Shotwell Street, but subsequently admitted that he did live there. Nieman was asked if he had any contraband at the Shotwell Street address. He replied that he did not, and he gave the investigating officers the keys to the apartment to confirm this for themselves.
The police officers proceeded to the Shotwell Street address and attempted to put one of several of the keys given them by Nieman in the lock of the door. The first key that was tried was the wrong key. At this point the door was opened by petitioner. The police officers identified themselves by displaying a badge and stating “Police Department.” Petitioner immediately looked to his left, made a motion with his arm in that direction, and slammed the door.
The police officers kicked the door in and found petitioner standing in the middle of the room and another person coming out of a bedroom to his left. On a stuffed chair behind petitioner, they observed a small jar, which appeared to contain marijuana seeds.
Petitioner denied having any further contraband in the apartment. However, a search revealed a match box and a cellophane wrapper that appeared to contain bulk marijuana. The officers questioned petitioner concerning his presence in the apartment, and he stated that he lived there. However, he denied any knowledge of the contraband. He was taken to the police station, where a search of his person revealed a marijuana reefer.
Petitioner’s Contentions
Petitioner claims that he has been held to answer without reasonable and probable cause, in that all the evidence which *71would support the information was obtained by an unconstitutional search and seizure conducted by the police officers. This contention is devoid of merit.
Petitioner makes the following specific contentions to support his proposition:
First. That there was no reasonable or probable cause for his arrest or for the search of his apartment.
The entry and search of the premises were authorized by the consent of the joint tenant, Edward Nieman. Where consent is found by the trier of fact, it is unnecessary to show that a search was made with probable cause to arrest or that the search was incident to a lawful arrest. (People v. Burke, 47 Cal.2d 45, 49 [1] [301 P.2d 241] ; People v. Melody, 164 Cal.App.2d 728, 734 [3] [331 P.2d 72] [hearing denied by the Supreme Court].)
Permission given to police officers by one joint occupant of a home to search the home is adequate authority for a search without a warrant. (People v. Caritativo, 46 Cal.2d 68, 73 [5] [292 P.2d 513]; People v. Hughes, 183 Cal.App.2d 107, 114 [9] [6 Cal.Rptr. 643]; People v. Howard, 166 Cal.App.2d 638, 651 [13], [11b] [334 P.2d 105] [hearing denied by the Supreme Court].)
The question whether consent is in fact given is one for the trier of fact, and if a finding of consent is supported by substantial evidence, it is final. (People v. Fischer, 49 Cal.2d 442, 446 [2], 448 [7] [317 P.2d 967] ; People v. Jackson, 191 Cal.App.2d 296, 300 [1] [12 Cal.Rptr. 748] [hearing denied by the Supreme Court].)
The consent here was given by petitioner’s eotenant, Nieman. The police officers testified at the preliminary examination that at the time of the arrest Nieman denied having narcotics at the Shotwell address and gave them the keys to the apartment to confirm this declaration. This testimony was not contradicted nor even questioned by petitioner at the preliminary examination. No effort was made to examine the witnesses on voir dire and to determine the precise language used between Nieman and the police officers. The trier of fact could properly rely upon the uncontradicted testimony of the witnesses to the effect that the keys were given to the police officers to conduct a search and to confirm that there were no narcotics on the premises. (People v. Hood, 149 Cal.App.2d 836, 839 [2] [309 P.2d 135].)
Since there was evidence that Nieman had given consent, and no conflicting evidence on this point, it may not be said *72as a matter of law that no consent existed. (People v. Fischer, supra, at p. 447 et seq.)
There is no merit in petitioner’s argument that even if consent was given by Nieman, it was not free and voluntary consent because it was given by him while under arrest. (People v. Fischer, supra, at p. 448 [8].)
Second. That the search was not incident to a lawful arrest of the joint occupant, Edward Nieman.
This contention may not be urged by petitioner, for the reason that he made no objection on this ground in the trial court. (People v. Guy, 145 Cal.App.2d 481, 491 [9] [302 P.2d 657]; People v. Rocha, 130 Cal.App.2d 656, 663 [8] [279 P.2d 836].)
Third. That the consent given by Nieman did not authorize the officers to enter and search the premises which he jointly occupied with petitioner, because when the officers arrived at the premises, petitioner was in control of the premises and reftcsed to admit them.
This contention is devoid of merit. Petitioner’s refusal to permit entry did not destroy the authorization to enter and search extended by the joint occupant, Nieman. Permission to conduct a search given by one joint occupant of a home is adequate authority for the search without the affirmative consent of another occupant. (People v. Jackson, supra, 191 Cal.App.2d 296, 301 [5]; People v. Smith, 183 Cal.App.2d 670, 671 [1] [6 Cal.Rptr. 866]; People v. Hughes, supra, 183 Cal.App.2d 107, 114 [9] ; People v. Howard, supra, 166 Cal.App.2d 638, 651 [13], [11b]; People v. Silva, 140 Cal.App.2d 791, 794 [2] [295 P.2d 942].)
The officers had received authorization to enter the premises from Nieman, one of the joint occupants. They knew that Nieman was listed as an occupant at that address, and he admitted his residence there. Therefore, as long as the officers acted in good faith and in reliance upon the authority of petitioner’s cotenant, they were justified in making their entry and search. (People v. Ambrose, 155 Cal.App.2d 513, 523 [11] [318 P.2d 181].)
Even where entry is refused by the occupant, officers are justified in entering and searching if they rely in good faith upon the authority of the person who gave them permission. (Cf. People v. Dillard, 168 Cal.App.2d 158, 163 [la] [335 P.2d 702] [hearing denied by the Supreme Court].)
I would deny the writ.