Jauregui

Maurice Jauregui is charged with felony narcotic offenses. He seeks extraordinary writ relief from the denial of his motion to suppress evidence seized pursuant to warrant. Suspecting he had swallowed narcotics, police officers sought a warrant to retrieve them. After being told a telephonic warrant had been obtained for that purpose, Jauregui drank an emetic solution which caused him to regurgitate five balloons containing heroin. While conceding at least one defect in the warrant, real party nevertheless contends the officers acted reasonably and in good faith and urges we conclude United States v. Leon (1984) 468 U.S. 897 [ 82 L.Ed.2d 677 , 104 S.Ct. 3405 ] precludes application of the exclusionary rule. We disagree.

On November 8, 1984, La Habra police officers obtained a search warrant for Jauregui’s person and his residence, a motel room. They waited for five days to execute the warrant, which they did after an informant called and said Jauregui had heroin in the motel room—the equivalent of ten balloons, though then unpackaged—only five minutes before. The informant’s call came in at approximately 4:10 p.m. A police surveillance of the room was set up at…