Hill

This is an appeal by the People from an order granting defendant Hill’s motion to set aside an information pursuant to Penal Code section 995. The issue arises out of an arrest of the defendant and a search and seizure of contraband occurring on November 22, 1976. On that date, Police Officer Ronald J. Gilbert, a narcotics officer of the Los Angeles Police Department, with two fellow officers not in uniform and two or three uniformed officers, proceeded to 1214 West 98th Street in Los Angeles to conduct a search pursuant to a search warrant.

The search warrant which had been issued on November 19, 1976, described the premises to be searched as “1214 West 90th Street, Los Angeles. The location is described as a single story single family residence, white wood frame in color, with the numbers 1214 on the front. All storage areas and containers located both inside and outside of the premises, under the control of persons living within the premises.”

*882 In addition, the search warrant described the person to be searched in the following language; “ ‘Frank,’ a male negro, black hair, brown eyes, 5TO", 165 lbs, 40-45 years of age.”

It is to be noted that Officer Gilbert…