OPINION
Convicted of unlawful possession of heroin, defendant appeals. Section 54-11-23, N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp. 1973). His contention concerning the amount of heroin possessed is answered by State v. Grijalva, 85 N.M. 127, 509 P.2d 894 (Ct.App.1973). The heroin was in a pocket of pants worn by defendant. The facts known to the officers prior to entry and observation by the officers after entry provided probable cause for the search of defendant. State v. Garcia, 83 N.M. 490, 493 P.2d 975 (Ct.App.1971). See State v. Rivera, 85 N.M. 723, 516 P.2d 694 (Ct. App.1973). The issue requiring discussion is the validity of entry by the officers upon the premises where the narcotics paraphernalia was observed. See State v. Miller, 80 N.M. 227, 453 P.2d 590 (Ct. App.1969).
Officers, investigating a shoplifting incident at a store, were given a “locate” on a certain automobile. They ascertained the vehicle was owned by Mr. Brooks. They proceeded to the Brooks’ place of business, saw the automobile and contacted Brooks. Brooks informed the officers that he had loaned the car to defendant who was upstairs in a room that Brooks “allowed him to sleep in.” The officers asked to speak to defendant. Brooks took the officers to defendant’s room.
The evidence is undisputed that Brooks knocked on the door to defendant’s room. The evidence is conflicting as to whether the door to the room was open. We will assume the door was closed. One officer testified that Brooks stated: “We would like to come in.” The second officer testified that Brooks stated: “Robert, are you in there?” Regardless of the exact words used by Brooks, defendant told Brooks to come in.
The officers followed Brooks into the room and observed the narcotics paraphernalia after entering. Having assumed that the door was closed when Brooks knocked, we also assume the evidence fails to show that defendant knew of the presence of the officers when he gave the invitation to enter. The officers agree they neither identified themselves nor announced their purpose (which was to investigate the shoplifting) before entering.
Defendant claims the unannounced entry of the police officers was constitutionally *181unreasonable and made the subsequent search and seizure illegal. See Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L. Ed.2d 726 (1963). We disagree.
We do not decide whether the officers had probable cause for an arrest prior to entry into defendant’s room. See United States v. Harris, 140 U.S.App.D.C. 270, 435 F.2d 74 (1970), cert. denied, 402 U.S. 986, 91 S.Ct. 1675, 29 L.Ed.2d 152 (1971); Ponce v. Craven, 409 F.2d 621 (9th Cir. 1969). Nor are we concerned with cases involving forcible entry because no force was used by the officers. See State v. Baca, 87 N.M. 12, 528 P.2d 656 (Ct.App. 1974); Sabbath v. United States, 391 U.S. 585, 88 S.Ct. 1755, 20 L.Ed.2d 828 (1968); Miller v. United States, 357 U.S. 301, 78 S.Ct. 1190, 2 L.Ed.2d 1332 (1958).
What the officers did was follow Brooks into the room after defendant invited Brooks to enter. In United States v. Beale, 436 F.2d 573, opinion on rehearing, 445 F.2d 977 (5th Cir. 1971), cert. denied, 404 U.S. 1026, 92 S.Ct. 697, 30 L.Ed.2d 676 (1972), federal agents gained admission to defendant’s room by having the hotel manager knock on defendant’s door, announcing only the manager’s presence. When defendant opened the door, the agents entered. This was held not to be an illegal entry.
Other cases holding entry by ruse not to be illegal if force is not an element of the entry are: United States v. Syler, 430 F.2d 68 (7th Cir. 1970); Smith v. United States, 357 F.2d 486 (5th Cir. 1966); Leahy v. United States, 272 F.2d 487 (9th Cir. 1959), cert. denied, 364 U.S. 945, 81 S.Ct. 465, 5 L.Ed.2d 459 (1960).
We hold the entry by the officers was not constitutionally unreasonable.
The judgment and sentence are affirmed.
It is so ordered.
HENDLEY, J., concurs.
SUTIN, J., dissenting.