Sheridan

The appeal here is from a judgment entered upon defendant Sheridan’s plea of guilty, to a violation of Health and Safety Code section 11530 (possession of marijuana).

His claims of error result from a ruling of the superior court in special proceedings taken under Penal Code section 1538.5, to suppress the essential evidence upon which the charge to which he later pleaded guilty was based. The contentions on those proceedings apparently were that the seizure of the subject evidence on a search warrant was unreasonable because (1) the warrant was insufficient on its face (§ 1538.5, subd. (2), subsec. (i)); (2) there was in fact no probable cause for the issuance of the warrant (§ 1538.5, subd. (2), subsec. (iii)); and (3) the method of execution of the warrant violated federal or state constitutional standards (§ 1538.5, subd. (2), subsec. (iv)).

We shall first discuss the contention that there was in fact, as "distinguished from the proof of the declaration supporting the search warrant, no probable cause for its issuance.

The evidence produced in the superior court special proceedings appears to have been based upon that found in the transcript of Sheridan’s…