People v. Superior Court (Fish)

The People seek appellate review of an order granting a motion to suppress evidence obtained pursuant to a warrant. The sole issue presented is whether the warrant adequately described the premises to be searched. For the reasons which follow, we hold the warrant to be sufficient.

Facts

The search warrant, issued January 20, 1979, authorized a day or night search of the premises of “Lot #13, Mammoth Camp Tract #2, Mammoth Lakbs, CA, the corner lot of Shadow and Glasscock Streets, on the south side of Glasscock, east side of Shadow, the front door facing south or southerly.” The warrant further described the premises as a two-story residential home, of wood construction, with a green roof, and occupied by real party in interest Robert Fish. The search warrant additionally authorized a search of Fish’s person, describing him as a male Caucasian, age 26, 6 feet, 1 inch in height, 145 pounds, with blonde hair and hazel eyes. It also specifically provided that the search was for cocaine.

On January 20, 1979, Mono County Sheriffs Investigator Charles Strong went to Mammoth Camp Tract No. 2 to execute the search warrant. He also had a warrant for Fish’s arrest; a copy of…