Pipitone

People v. Pipitone

Good Law
152 Cal. App. 3d 1112·1984 Cal. App. LEXIS 1739·201 Cal. Rptr. 18
Court of Appeal of CaliforniaMarch 12, 1984AO16895California2,065 words

Opinion

Opinion

King, J.

The People appeal from orders of dismissal of various narcotics charges against Ronald Gene Pipitone, Donald Vincent Dorso, Janet Louise Cardoza, David Alan Brown, Susan Evelyn Foley, and Jeffrey Hamilton Seibold.

An information charged all six defendants with possession of cocaine for purposes of sale (Health & Saf. Code, § 11351) and possession of barbiturates (Health & Saf. Code, § 11377). The information also charged Pipitone with possession of heroin (Health & Saf. Code, § 11350), and charged Cardoza with a second count of possession of barbiturates and driving while under the influence of a drug (former Veh. Code, § 23105, subd. (a)).

Defendants had moved unsuccessfully in the municipal court for suppression of evidence seized in a residential search pursuant to a purported search condition of Cardoza’s probation. (Pen. Code, § 1538.5.) After the information was filed they moved to set it aside. (Pen. Code, § 995.) The superior court granted the motion, asserting that there was no valid probation condition, that the officers did not exercise good faith in searching the residence, and that in any event there is no good faith exception to the exclusionary rule. We…

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