Schmidt

The People appeal the trial court’s dismissal of charges of unlawful possession of cannabis in the form of hashish (Health & Saf. Code, § 11357, subd. (a)), possession of marijuana for the purpose of sale (Health & Saf. Code, § 11359), and unlawful possession of a “black box”—a device to avoid telephone toll charges (Pen. Code, § 502.7, subd. (b)(1)). The People assert the trial court erred when it held a search warrant defective and suppressed evidence of items seized pursuant to the warrant at defendants’ residence.

Facts

On 14 February 1977 Detective Jamie C. Skeeter of the Oxnard Police Department sought a warrant to search defendants’ residence at 2035 Napoleon Avenue, Oxnard. In support of the warrant Skeeter prepared and signed an affidavit 1 which stated: at 11 a.m. February 14 a *971 confidential reliable informant (four previous tips which had resulted in arrests) advised him that on February 7 defendant Michael Schmidt had opened a floor safe in his residence in informant’s presence, displayed approximately one pound of cocaine and a large amount of marijuana, and asked informant to sell the cocaine for him; at 12:15 p.m. on February 14 informant reported he…