Albritton

This is an appeal from a judgment of conviction, after appellant, Don Carmon Albritton, pled guilty to two charges of receiving stolen property in violation of Penal Code section 496. The sole issue on appeal tests the validity of the trial court’s denial of appellant’s Penal Code section 1538.5 motion to suppress evidence. For the reasons to be explained herein, we con- elude that the trial court erred in denying appellant’s motion and his conviction should therefore be reversed.

Facts Developed at the Hearing on the Motion to Suppress Evidence.

On May 13, 1980, Detective J. J. Foy of the narcotics division of the Bakersfield Police Department obtained a search warrant signed by Judge King of the municipal court to search the premises and the person of appellant. The warrant authorized a search for contraband narcotics and evidence “tending to establish the identity of persons in control of the premises searched, such as rent receipts, cancelled mailing envelopes and keys, and articles or items tending to show that Don Albritton is involved in the sale of narcotics consisting in part of and including, but not limited to, large amounts of currency, sales records,…