Glass

People v. Glass

Good Law
128 Cal. Rptr. 413·1976 Cal. App. LEXIS 1360·56 Cal. App. 3d 368
Court of Appeal of CaliforniaMarch 22, 1976Crim. 14263California1,319 words

Opinion

Opinion

Following the execution of a warrant authorizing a search of his house, Ronald O. Glass and two codefendants were charged with nine violations of the Health and Safety Code, specifically sections 11350, 11357, 11358, 11360, 11364, 11366, and 11377. After the motion to suppress the evidence, pursuant to section 1538.5 of the Penal Code, was denied, defendant Glass pleaded guilty to the charges of possession of marijuana (Health & Saf. Code, § 11357) and possession of phenobarbital (Health & Saf. Code, § 11377), whereupon the" other charges were dismissed. Imposition of sentence was suspended and probation granted on condition, among others, he serve 90 days in the county jail and pay a fine of $400 plus penalty assessment. On appeal, the defendant raises issues concerning (1) the sufficiency of the affidavit to establish probable cause for issuance of the search warrant, and (2) the propriety of the execution of the search warrant under section 1533 of the Penal Code.

Sufficiency of the Affidavit

In contending that the search, warrant was issued without probable cause, appellant asserts that the affidavit was based solely on information from an unreliable informant and…

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