Alvidres

Petitioner Gabriel Alvidres is presently charged in a two-count information filed by the District Attorney of Ventura County with violating Health and Safety Code section 11530 (possession of marijuana) and section 11531 (importing marijuana). Trial is set for November 24, 1970.

After having unsuccessfully attempted to suppress the evidence of the marijuana, he petitioned this court for a writ of mandate pursuant to Penal Code section 1538.5, subdivision (c).

Because the issue raised by petitioner appears to be one of first impression in California we issued the alternative writ.

The question presented is whether a search warrant may be validly issued at a time prior to the actual arrival of the matter to be seized at the premises to which the warrant is directed. In other words, if the magistrate is presented with an affidavit which satisfies him that all the requisites for a valid search will ripen at a specified future time or upon the occurrence of a specified event must he wait until that time or event before authorizing the search and seizure or may he issue his warrant to be executed at the future specified time or upon the occurrence of the future…