(concurring).
I concur in the affirmance of this conviction, but since I dissented in Giacona v. State, supra, relied upon by the majority, I deem it appropriate that I give my reasons. I pointed out in my dissent in Gia-cona the following :
“It should be borne in mind that there is an absence of any showing as to why the officers went upon the appellant’s porch. Nothing came to their attention to arouse their suspicions until after they mounted the porch. So far as the record reveals, the officers may have planned to look into the window of each apartment there situated.”
In the case at bar, however, the officers had information that narcotics were being dispensed at the address in question, and, in an effort to corroborate such information, they pursued several known narcotic users as they left such address on the day in question and found two of them to have heroin in their possession. These facts constituted sufficient probable cause to authorize entry upon the premises in question and to authorize the arrest and whatever search that followed.
The “exceptional circumstances” which I found lacking in Giacona were supplied in this case by Gann’s conclusion that in view of all the activity which they had observed at such address, “we had better operate then or they might sell out before we could get them.”
I concur.