Morrongiello
People v. Morrongiello
Opinion
Opinion
Johnson, J.
Defendant, Michael Morrongiello, pled guilty to the charge of possession of cocaine for sale. He was duly convicted and sentenced. The sole issue on appeal is whether the trial court erred in denying defendant’s motion under Penal Code section 1538.5 to suppress all evidence, including cocaine, taken from his possession under a “telephonic” search warrant.
Facts
On October 5, 1981, Detective Welch of the Los Angeles Police Department was conducting a narcotics investigation into the activities of three individuals: Boyarsky, Mosias and Michael Morrongiello, also known as Steve Silver. That day, while acting in an undercover capacity, Welch met with Boyarsky for the purpose of purchasing a one-half kilogram of cocaine. Boyarsky took Welch to meet with Mosias, who sold Welch the contraband. At that time, Boyarsky and Mosias were arrested.
Soon after his arrest, Mosias was interviewed by Detective Lewis of the Los Angeles Police Department. Mosias told Lewis that approximately five kilos of cocaine had recently been brought to Southern California and that this cocaine was presently in the possession of Steve Silver.