Golden

By information, defendant was charged with burglary (Pen. Code, § 459), receiving stolen property (Pen. Code, § 496), and possession of obscene matter with intent to distribute (Pen. Code, § 311.2). After a court trial, he was acquitted on all counts except the last. He was sentenced to 60 days in the county jail, and appealed.

On March 13, 1968, a search warrant was issued on the basis of an affidavit by Sergeant Shaidell, a 14-year veteran with the Los Angeles Police Department. Three and one-half of those years were spent in the administrative vice division of the department. In February 1968, Shaidell received information from the Federal Bureau of Investigation that it had been told by a reliable informant that defendant was selling obscene films and possibly “Tijuana Bibles” 1 from the back of his car. Officer Shaidell was also informed that these sales were taking place on Main Street, or in the area surrounding Main Street, in downtown Los Angeles and also in various other locations throughout the City of Los Angeles, and that defendant was living at 508 North Orange Drive, Los Angeles. On March 12, 1968, after procuring a photograph of defendant, Shaidell placed…

The business of this court is too heavy to take the time and riiake a law review article of my dissenting view with respect to the validity of the search warrant that was used to ransack defendant’s home and remove, therefrom 91 reels of film and 162 “booklets.” I will therefore content myself to outline my understanding of applicable law.

1. I have serious doubts that even if the subject matter of the seizure were ordinary contraband, rather than material which is prima facie protected by the First Amendment, there was probable cause to believe that anything would be found in defendant’s home. As I interpret the facts all that the magistrate knew, through the affidavit, was that a person whom an unidentified reliable informant had pointed out to an unnamed employee of the F.B.I. as a seller of obscene matter from the back of his oar, had left his home carrying a box which he put in the trunk of a car from which trunk four reels of film were later taken by another man, who then went to some pains to conceal them. In addition, of course, there was the snatch of conversation overheard by Officer Monnett. 1 This was followed by Ray giving defendant some money. We do not know whether…

By information, defendant was charged with burglary (Pen. Code, § 459), receiving stolen property (Pen. Code, § 496), and possession of obscene matter with intent to distribute (Pen. Code, § 311.2). After a court trial, he was acquitted on all counts except the last. He was sentenced to 60 days in the county jail, and appealed.

On March 13, 1968, a search warrant was issued on the basis of an affidavit by Sergeant Shaidell, a 14-year veteran with the Los Angeles Police Department. Three and one-half of those years were spent in the administrative vice division of the department. In February 1968, Shaidell received information from the Federal Bureau of Investigation that it had been told by a reliable informant that defendant was selling obscene films and possibly "Tijuana Bibles" [1] from the back of his car. Officer Shaidell was also informed that these sales were taking place on Main Street, or in the area surrounding Main Street, in downtown Los Angeles and also in various other locations throughout the City of Los Angeles, and that defendant was living at 508 North Orange Drive, Los Angeles. On March 12, 1968, after procuring a photograph of defendant,…