Tillman

On this appeal from a judgment of conviction rendered on a jury verdict finding him guilty of possession of narcotics (Health & Saf. Code, § 11500), defendant, Phillip G. Tillman, asserts that the following errors require a reversal of the judgment: (1) the insufficiency of the showing of probable cause in the affidavit upon which the search warrant was based; (2) lack of reasonable or probable cause for arrest in the absence of a valid search warrant; and (3) denial of his constitutional right to the effective aid of counsel.

Since no contentions are raised concerning the sufficiency of the evidence, a brief summary of the pertinent facts will suffice. About 11:15 p.m. on July 23, 1964, Officer Carreker of the narcotics detail of the Oakland police saw defendant, whom he knew, driving in his 1956 Buick in the vicinity of 7th Street. Carreker, knowing that his superior, Sergeant Hilliard, the supervisor of the narcotics detail, had a search warrant for defendant, made radio contact with Hilliard, who indicated that he had the warrant in his possession and that defendant should be stopped at the most convenient spot.

Carreker and his companion, Officer Alves, both in plain…