Ruiz

The question in this appeal is whether the good faith exception to the exclusionary rule set forth in United States v. Leon (1984) 468 U.S. 897 [ 82 L.Ed.2d 677 , 104 S.Ct. 3405 ], applies to a search warrant issued in violation of the rule in People v. Fleming (1981) 29 Cal.3d 698 [ 175 Cal.Rptr. 604 , 631 P.2d 38 ], dealing with out-of-county search warrants. In Fleming , the court held that California law permits “an out-of-county warrant whenever the magistrate finds probable cause to believe that defendant has committed a crime within the issuing county and consequently will probably face trial in that county.” (Id. at p. 706.) In this case when the police officers sought an out-of-county search warrant they failed to advise the magistrate that they were investigating crimes which had occurred in the issuing county. Despite that omission, we follow the decision in People v. Dantzler (1988) 206 Cal.App.3d 289 [ 253 Cal.Rptr. 526 ] and hold that the good faith exception applies to such a warrant.

This is a People’s appeal (Pen. Code, § 1238, subd. (a)(7)), from an order of dismissal (Pen. Code, § 1385), entered after the trial court granted the defendants’ motion to…