Garcia

United States v. Garcia

Good Law
809 F. Supp. 2d 1165·2011 WL 3740356·2011 U.S. Dist. LEXIS 94838
United States District Court, Northern District of CaliforniaAugust 24, 2011C 11-00172-1 SICalifornia4,594 words

Opinion

Opinion

Illston, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO SUPPRESS

On August 12, 2011, the Court heard argument on defendant’s motion to suppress. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS IN PART and DENIES IN PART defendant’s motion.

BACKGROUND

On January 23, 2009, defendant Antonio Garcia was detained and then arrested in San Francisco on Hyde Street between Ellis and Eddy for possession of cocaine in violation of California Health and Safety Code section 11350. On January 27, San Francisco Police Inspector Scott Lau submitted a statement of probable cause to the San Francisco Superior Court, in support of a request for a warrant to search defendant’s house. See Statement of Probable Cause, Declaration of Lynn Keslar in Supp. of Mot. to Suppress (“Keslar Deck”), Ex. A.

In addition to describing his training and qualifications as an affiant, Inspector Lau described the events of January 23 as follows. He, along with Sergeant Brown, Inspector Yu, Sergeant Ries, and Sergeant Chorley,

Id. Inspector Lau also stated that he knows from his training and experience “that it is common for someone who consumes cocaine to…

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