The opinion
CARTER, J.
I concur in the judgment of reversal but prefer to base my concurrence upon the legal proposition that the conduct of the law enforcement officers here not only amounted to a violation of defendant’s right of privacy guaranteed by the Fourth Amendment to the Constitution of the United States and section 19 of article I of the Constitution of California but also amounted to a denial of due process of law guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States as interpreted by the Supreme Court of the United States in the case of Rochin v. California, 342 U.S. 165 [ 72 S.Ct. 205 , 96 L.Ed. 183 , 25 A.L.R.2d 1396 ].