Hemler

Petitioner petitions this court for a writ of mandate to compel the Yuba County Superior Court to suppress evidence seized pursuant to a search warrant.

Petitioner contends (1) there was no probable cause for the search of petitioner’s bedroom; and (2) the information relied upon by the magistrate in issuing the search warrant was stale.

Facts

On March 14,1974, an informant contacted Narcotic Agent Rodemaker and advised him that he (the informant) would be able to purchase cocaine from the residence of one John Dilly on the following day. On March 15, 1974, a telephone call was placed by the informant to Dilly and recorded by Agents Rodemaker and Tindel wherein the sale of cocaine was discussed and confirmed. Subsequently, and on the same day, the informant was equipped with an electronic transmitter, entered Dilly’s residence, and purchased cocaine from Dilly. The transmitter relayed all the conversation to the agents, including the informant’s request of Dilly as to whether another gram or ounce could be obtained; to which Dilly responded, “I’ll try for it.”

On April 18, 1974,-34 days later, Rodemaker executed an affidavit in support of a search warrant setting…