Sheehan

The People have appealed from an order granting the defendant’s motion to set aside an information charging him with possession of marijuana in violation of section 11530 of the Health and Safety Code. The motion to set aside, and an accompanying motion to suppress evidence under section 1538.5 of the Penal Code, which was rendered moot by the order on the former motion, were made on the grounds that the marijuana upon which the prosecution was predicated was seized as the result of an illegal search because the description of the place to be searched in the search warrant under which the officers purportedly acted in seizing the marijuana was not set forth with sufficient particularity, and because the information set forth in the affidavit upon which the search warrant was based was obtained as a result of illegal searches. The trial - court granted the motion to set aside the information on the latter ground.

The record shows that the contraband in question was seized as a result of a search of the defendant’s tent which was one of numerous habitations on a 315-acre ranch. The sheriff’s lieutenant who made the affidavit for the search warrant sent an informer on the…