Opinion by Hamlin, J. Separate dissenting opinion by Zenovich, J. Phillips, George A. Code, [ Cal. The contraband was discovered in appellant's motel room during a search conducted pursuant to a search warrant. Appellant contends the affidavit in support of the search warrant failed to provide probable cause to believe the marijuana was still in appellant's motel room at the time the warrant was sought.
We disagree. Before examining this contention, we set forth the applicable legal principles and factual circumstances. People v. Mesa 14 Cal. Superior Court 9 Cal. Ventresca U. That statement was quoted with approval by the California Supreme Court in People v. Mesa, supra, 14 Cal. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation.
Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area.
A grudging or negative attitude by reviewing courts will tend to discourage police officers from submitting their evidence to a judicial officer before acting.
Although in a particular case it may not be easy to determine when an affidavit demonstrates the existence of probable cause, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.
