Legard

Appellant entered guilty pleas to violation of Health and Safety Code sections 11530 and 11555 (possession of marijuana and possession of narcotic paraphernalia).

Appellant contends that the evidence which caused him to plead guilty was obtained by the police in a search of his residence, which was conducted under the authority of a search warrant issued contrary to law.

The Napa Police Department obtained the questioned search warrant upon the following affidavit signed by Police Sergeant Robert Jarecki:

The Napa Police Department, under authority of the warrant issued pursuant to Sergeant Jarecki’s affidavit, entered and searched appellant’s premises. They discovered the marijuana and narcotic paraphernalia which was to be introduced as evidence in the event appellant persisted in a not guilty plea.

The issue presented on this appeal is whether the affidavit is constitutionally defective because it lacks any statement of circumstances from which the magistrate could conclude that the informant was reliable.

Both the United States Constitution (U. S. Const., 4th Amend.) and the California Constitution (Cal. Const., art I, § 19), in order to protect the privacy of…