Rochen

People v. Rochen

Good Law
1988 Cal. App. LEXIS 716·203 Cal. App. 3d 684·250 Cal. Rptr. 73
Court of Appeal of CaliforniaAugust 8, 1988B027372California1,509 words

Opinion

Opinion

Klein, J.

Defendant and appellant Nell Marie Rochen (Rochen) appeals a judgment rendered upon a guilty plea after denial of her motion to suppress. (Pen. Code, § 1538.5.)

Because the officer’s affidavit showed sufficient corroboration of the confidential informant to support the issuance of the search warrant, the judgment is affirmed.

Factual and Procedural Background

The subject affidavit provided in relevant part: In early May 1986, the affiant was contacted by a confidential informant (Cl), who was a PCP user. The Cl knew a woman by the name of Nellie who was selling PCP from her home. The Cl had purchased PCP from Nellie within the last few weeks. The Cl would phone Nellie in advance to determine whether she was at home before going over to purchase the PCP.

The Cl gave the affiant the telephone number which the Cl said belonged to Nellie’s residence. The affiant dialed the number in the Cl’s presence and monitored the call. A female answered the phone. The Cl asked: “Who’s this?” The female identified herself as Nellie. The Cl asked Nellie whether she had any PCP. Nellie said she did, and told the Cl to come over later. After the conversation, the Cl directed the affiant…

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