Miranda

Petitioner Hector Miranda is awaiting trial on charges of unlawful possession of controlled substances while armed with a loaded firearm (Health and Saf. Code, § 11370.1), ex-felon in possession of a firearm (Pen. Code, § 12021, subd. (a)), and possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). The evidence which is expected to support these charges was obtained in a warrantless search of petitioner’s residence. A pretrial motion to suppress this evidence brought under Penal Code section 1538.5 was denied. Petitioner seeks extraordinary relief to bar the use of this evidence, claiming that it should be suppressed as obtained in violation of his Fourth Amendment rights. We stayed the trial, requested briefing and entertained oral argument on the issue.

I

Factual Background of the Search

The facts surrounding the search which produced the evidence in issue are not in dispute. The investigating police officer received an anonymous telephone call advising that Hector Miranda had just received two pounds of marijuana at his residence, and that the marijuana “probably wouldn’t be there very long.” The officer then ran Miranda’s name on her…