P.

DISCUSSION

I. Challenges to the Validity of the Search Warrant

Defendant claims that the affidavit for the search warrant was defectively written and that the magistrate must have failed to notice this defect before issuing the warrant. Specifically, defendant claims that the affidavit has an odd sentence construction and failed to describe the place to be searched with the requisite particularity. The affidavit averred “that I do believe, that there is now located at YOU ARE THEREFORE COMMANDED, in the daytime, to make search of SUNBERRY DRIVE, CAMPBELL, SANTA CLARA COUNTY, CALIFORNIA, which premises consist of: a single story residence on the east side of Sunberry Drive. . . . The residence is off-white stucco, with a dark brown trim around the windows, rain gutters, and garage. White numbers 416 are affixed to the south side of the garage on the trim around the garage, the numbers 416 are also painted on the curb in front of the residence . . . . The front yard of the residence is contained within a metal chain link fence approximately three feet in height around the perimeter. A large makeshift outbuilding can be seen from the front of the residence on the south side…