People v. Superior Court (Bingham)

A magistrate issued a warrant authorizing search of the premises of the real party in interest of these proceedings, Ward Allen Bingham, for specified, insured, personal property claimed by him to have been destroyed by fire. Upon execution of the search warrant the property was found in the possession of Bingham, undamaged. He was charged with several insurance-related felonies in the superior court. That court granted his Penal Code section 1538.5 motion to suppress evidence of the subject property. The court, concluding that the search warrant was grounded on “hearsay upon hearsay” had held, for that reason and as a matter of law, that the fire marshal’s affidavit did not establish probable cause according to Fourth Amendment requirements.

Upon the People’s petition we issued an alternative writ of mandate for the purpose of inquiring into the validity of the superior court’s ruling.

The affidavit before the magistrate was that of Deputy Fire Marshal John R. Stafford of Santa Clara County. It related the following.

The affiant had earned an academic degree in “fire science,” and in the course of his duties as fire marshal had investigated the origin of more than 350…