Porter

Defendant prosecutes this appeal from the judgment entered upon his conviction by the court of possession of marijuana (Health & Saf. Code, § 11530), and violation of the Dangerous Weapons Control Law (Pen. Code, §12021).

During the course of the trial the court permitted, over defendant’s objection, the introduction of a quantity of marijuana and two revolvers discovered secreted in the apartment in which defendant was arrested. This evidence formed the basis for his conviction. The prosecution sought to show that the search and seizure which produced this evidence was incidental to an arrest based upon probable cause. As will be observed from the following discussion, we have concluded that no reasonable or probable cause for arrest was shown, the search and seizure were therefore illegal and, consequently, the judgment must be reversed.

On the issue of probable cause, this evidence was presented: One Willard Harris was arrested by two deputy sheriffs and two federal agents at about 10 a.m. on August 11, 1962, as he approached his parked car, after allegedly agreeing to sell counterfeit money to an undercover officer. The car was searched and a quantity of counterfeit money…