Moore

This is an appeal by the People, pursuant to section 1238, subdivision (7), of the Penal Code, from an order dismissing an information against defendant Milton Moore after the trial court granted defendant’s motion to suppress certain evidence under section 1538.5 of the Penal Code.

The appeal presents but one limited and clearly defined issue: Is a search warrant for the seizure of certain specified narcotics and narcotic paraphernalia valid when it is based solely upon an affidavit suggesting cause to believe that the defendant was unlawfully possessing and selling a par ticular restricted dangerous drug? We granted rehearing on the basis that our original conclusion, answering that question in the negative, was incorrect.

The record shows that by information filed on December 15, 1970, defendant Moore was charged with one count of possession for sale of a restricted dangerous drug, seconal, in violation of section 11911 of the Health and Safety Code. He was also charged with one count of possession of marijuana for sale, in violation of section 11530.5 of the Health and Safety Code.

On January 11, 1971, defendant was arraigned and pleaded not guilty to both…