Gallardo

Appellant, having waived a jury, was found guilty by the court of possession of heroin for the purpose of sale in violation of Health and Safety Code, section 11500.5. He appeals from the judgment of conviction solely on the ground that the heroin found in his possession at the time of arrest was unlawfully seized and therefore inadmissible at trial. We do not agree.

The evidence in dispute, consisting of a number of various sized balloons of heroin, was obtained pursuant to a search warrant issued by a magistrate of the municipal court on the showing made in an affidavit therefor. Appellant contends that the affidavit does not justify a finding of probable cause, citing Aguilar v. Texas, 378 U.S. 108 [ 84 S.Ct. 1509 , 12 L.Ed.2d 723 ],

In Aguilar , it was held that the Fourth amendment requirement that . . no [search] Warrants shall issue, but upon probable cause, supported by Oath or affirmation ...” (U.S. Const., Amend. IV) applied to the states through the due process clause of the Fourteenth Amendment and that federal standards relating to the adequacy of a supporting affidavit are required (Aguilar v. Texas, supra, at p. 110 ). The affidavit in Aguilar was cursory and…