Reinert

By information petitioner was charged with possession of marijuana in violation of Health and Safety Code, section 11530. His motion to set aside the information on the grounds that the evidence against him was obtained by an illegal search and seizure was denied and he now seeks a writ of prohibition to prevent his trial.

Facts

On February 12, 1969, and two weeks prior to that date, Officer Richard Lopez of the Los Angeles Police Department received information from an informant that a person by the name of Wayne Reinert who resided at 5819 Gregory No. 6 was “dealing marijuana out of that apartment. And that on occasion this individual entered the hallway in a state of intoxication and offered sales to people in the hallway.” The informant did not state whether he had seen the defendant sell marijuana. The informant, whose identity the officer refused to reveal on cross-examination, had furnished information on four occasions since October 1968 which resulted in four arrests. Officer Lopez went to 5819 Gregory on February 13, 1969, at 10:25 a.m. to investigate the informer’s report. Prior to so doing, Officer Lopez did not make any effort to obtain a warrant of arrest…