It is not a debatable question in this State that the complaint upon which a search warrant is issued must state the facts on which the complainant bases his belief with sufficient definiteness that if the complaint is false perjury may be assigned thereon

—was sufficiently specific. The broadest description, and one found to be-invalid, was that calling for the seizure of "other articles of merchandise too numerous to mention

This is another instance where California procedure does not seem to follow the pattern of Cahan, as the hearsay principle would seem to open the door to possible devious police methods in obtaining a warrant. But see, note 124 infra.

The testimony on which a magistrate acts must be reduced to writing, incorporated in a formal complaint and verified by affidavit; and the complaint must be such that, if false, perjury may be assigned on the affidavit.

Defendants argue that the property not described in the search warrant may not be taken, and the search may not be exploratory and made solely to find evidence of guilt.

A sworn statement is required because one cannot be convicted of perjury for having a belief, even though the belief is without factual basis.

[BOOK] The defendant's rights today

[BOOK] Search Warrants in North Carolina