Bailey

An anonymous informer and an unidentified citizen informer supply a police officer with information of heavy foot traffic at petitioner’s residence. The anonymous informant concludes petitioner is selling drugs and is involved in prostitution.

We hold that this information, without investigation, is insufficient to establish probable cause for the issuance of a search warrant. We further hold that no reasonably trained police officer could have believed otherwise. We therefore grant a peremptory writ of mandate.

Facts

On May 22, 1992, Officer Bernard Chase of the Oxnard Police Department submitted an affidavit for a search warrant. Officer Chase attested that sometime during the week of May 10, he had read a report by Officer Kenneth Klopman. Officer Klopman reported that on May 14, 1992, he had spoken to an anonymous citizen. The party told Klopman that petitioner, Debra Denise Bailey, was dealing rock cocaine and was also involved in prostitution at 816 South “G” Street, apartment 21. The citizen informed the officer that “he/she” had seen heavy foot traffic in and out of the apartment.

Officer Chase attested that he had “received a call from a citizen informant who…