McFadin

People v. McFadin

Good Law
127 Cal. App. 3d 751·180 Cal. Rptr. 4·1982 Cal. App. LEXIS 1170
Court of Appeal of CaliforniaJanuary 12, 1982Crim. 22388California6,782 words

Opinion

Opinion

Sims, J.

Defendant has appealed from an order suspending imposition of sentence, and placing him on probation for three years (Pen. Code, § 1237, subd. 1). It was entered following his plea of guilty to possession of marijuana in violation of section 11357, subdivision (a) of the Health and Safety Code. He seeks review of the trial court’s order denying his motion to suppress evidence. (Pen. Code, § 1538.5, subd. (m).)

Defendant contends that the trial court erred in failing to suppress the evidence on which his conviction rests because that evidence was seized under a search warrant that was issued on an affidavit that was faulty in the following particulars: 1) it contained deliberately false statements of fact; 2) it fails to set forth a material fact which was deliberately omitted by the subscribing officer; and 3) because it fails to contain facts establishing the reliability of an alleged confidential reliable informant.

An examination of the evidence introduced on the motion to suppress in the light of appropriate principles of law indicates that it sustains the implied findings of the trial court that the affidavit was sufficient, that any alleged taints were not…

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