Alvarez

Mario Garcia Alvarez pleaded guilty to possessing heroin for sale (Health & Saf. Code, § 11351) after the court denied his motion to suppress evidence seized at his arrest (Pen. Code, § 1538.5). The court granted Alvarez probation conditioned on his spending 365 days in local custody and paying a $200 fine. Alvarez appeals, contending the evidence seized should have been suppressed as a result of an invalid search warrant. We conclude the court below properly found the officer conducted his search in good faith and accordingly affirm.

Facts and Proceedings Below

Having gathered sufficient information to seek a search warrant of Alvarez’s home, Chula Vista Police Officer Nathaniel Hines filled out an affidavit form in longhand, listing the address of the place to be searched, the names of the persons at the residence, the description of the residence, the description of items sought to be seized and the probable cause for the search. Officer Hines then took the affidavit form to the district attorney’s office where it was reviewed and typed. The district attorney’s office also prepared the form for the warrant itself.

Within five days, Officer Hines picked up the typed…