Concurring and Dissenting. — I concur in the judgment. The conclusion is inescapable that the officer, in his eagerness to serve a warrant, neglected to comply fully with section 1531 of the Penal Code.
I do not agree, however, that the affidavit in support of the warrant was insufficient as a matter of law. Certainly it does not have the precision of a model legal document. But courts cannot be oblivious to the fact that warrant affidavits are not drafted- by lawyers; they are prepared, generally hurriedly because of exigent circumstances, by laymen with limited legal background.
This affidavit indicates narcotics were in the possession of named persons at an identified site on a date certain. The quantity and the manner of packaging of the contraband are specifically described. The process is confirmed by reference to a previous.arrest involving similar packaging. The reliability of the informer is verified. Thus the affidavit is not a recitation of mere rumor, and it meets the standards prescribed in Aguilar v. Texas (1964) 378 U.S. 108 [12 L.Ed.2d 723, 84 S.Ct. 1509], and Spinelli v. United States (1969) 393 U.S. 410 [21 L.Ed.2d 637, 89 S.Ct. 584], (Cf. my dissent in People v. Sesslin (1968) 68 Cal.2d 418, 431-432 [67 Cal.Rptr. 409, 439 P.2d 321].)
If reviewing courts are to insist that affidavits for warrants be drafted with the finesse of a Montgomery Street contract, the result will be discouraging to law enforcement agencies that desire to employ warrant procedures. After all, it is much simpler for police officers to rely upon probable cause. I would demonstrate more tolerance of affidavits for warrants, and would begin with the one involved in this case.