Fortune

Defendant David Glen Fortune was charged with multiple violations of the Health and Safety Code: possession of marijuana for sale (Health & Saf. Code, § 11359), cultivation of marijuana (Health & Saf. Code, § 11358), possession of methamphetamine (Health & Saf. Code, § 11377), and possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)). After pleading not guilty, defendant moved to traverse the search warrant under which the evidence supporting the charges against him had been seized. He based his motion on the lack of compliance with Penal Code section 1526, subdivision (b) in the issuance of the warrant. Specifically, he contended the oral affidavit made in support of the telephonic search warrant had not been recorded and transcribed. The trial court granted defendant’s motion, relying on Charney v. Superior Court (1972) 27 Cal.App.3d 888 [ 104 Cal.Rptr. 213 ] and holding the good faith exception inapplicable.

The People appeal pursuant to section 1238, contending that the instant case is a good faith case under United States v. Leon (1984) 468 U.S. 897 [ 82 L.Ed.2d 677 , 104 S.Ct. 3405 ], and that substantial compliance with section 1526,…