Fein

I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Compton in the opinion prepared by him for the Court of Appeal in People v. Fein (Cal.App.) 90 Cal.Rptr. 42 .

Respondent’s petition for a rehearing was denied June 9, 1971. McComb, J., was of the opinion that the petition should be granted.

Defendant, having waived trial by jury, was convicted of possession of marijuana (Health & Saf. Code, § 11530), and possession of restricted dangerous drugs (Health & Saf. Code, § 11910). Prior to trial defendant moved pursuant to Penal Code section 1538.5 to suppress certain evidence found subsequent to his arrest, which motion was denied. Defendant now appeals from the judgment of conviction.

Defendant’s primary contention is that his motion to suppress should have been granted since the arresting officer was without reasonable cause to arrest him, a contention which may be reviewed on appeal from the judgment of conviction (People v. Kellett, 1 Cal.App.3d 704, 712 [ 81 Cal.Rptr. 917 ]). We have concluded that the judgment should be reversed for the reason that the evidence against defendant should have been ordered suppressed as the product of an illegal search.

The facts leading to defendant’s arrest are as follows: Officer Miller received information from two untested informants that one “Al” was selling narcotics, “mainly dangerous drugs.” The informants gave the officer Al’s physical description, indicated that he drove a dark blue Mustang convertible, and stated…