Murgia

Joseph Garcia Murgia appeals a judgment based upon a jury verdict convicting him of possessing heroin for sale (Health & Saf. Code, § 11351) and possessing marijuana (Health & Saf. Code, § 11357).

Evidence leading to Murgia’s arrest and conviction was seized pursuant to a search warrant which Murgia contends was improperly issued, was not based upon probable cause and was not timely executed.

The affidavit upon which the search warrant was based is anything but a model. Apparently an attempt has been made to reduce this crucial document to an omnibus form to be executed by filling in blanks and checking boxes. The wide spectrum of factual situations which are involved in establishing probable cause for search is not amenable to being reduced to formalized inflexible forms and can only lead to confusion, as it has in this case. (See People v. Succop, 65 Cal.2d 483, 484, fn. 1 [ 55 Cal.Rptr. 397 , 421 P.2d 405 ] and In re Raner, 59 Cal.2d 635, 642, fn. 9 [ 30 Cal.Rptr. 814 , 381 P.2d 638 ] for other instances where use of standardized forms in inappropriate instances has been judicially criticized.) To be particularly criticized is the use of unsworn “attachments” which…