People v. Orozco CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background The following facts are quoted from this court’s prior opinion in Orozco, supra,

H046401:

“In October 2012, Sergeant Dan Livingston sought and obtained a search warrant for a number of residences, including defendant’s home at 3207 Mt. Vista Drive in San Jose, his business, Tatted Up II, at 2902 Alum Rock Avenue in San Jose, and defendant’s person and vehicles. The warrant was directed at discovering documents reflecting communications with members of the Nuestra Familia, as well as evidence of drug sales, illegal gang activity, firearms, methamphetamine, cocaine, and other paraphernalia. [¶] In the affidavit attached to the search warrant application, Livingston explained that Nuestra Familia is a Hispanic prison street gang, whose name means ‘Our Family.’ It was started in the mid-1960s. Organizationally, Nuestra Familia members ‘on the street form into street regiments.’ Nuestra Familia gang members who are not incarcerated ‘have the additional duty of making money through organized crime[,] primarily drug trafficking.’ Money derived from drug trafficking ‘goes into a common fund called the “bank,” ’ which is…