Medina

People v. Medina

Good Law
165 Cal. App. 3d 11·1985 Cal. App. LEXIS 1692·211 Cal. Rptr. 216
Court of Appeal of CaliforniaFebruary 26, 1985B005173California3,741 words

Opinion

Opinion

Johnson, J.

The appellant challenges the denial of its motion to reinstate the complaint pursuant to Penal Code section 871.5. The central issue raised on appeal is whether a police officer’s affidavit established probable cause for the issuance of a warrant to search the respondent’s residence. Because we find the information provided by the anonymous confidential informant was sufficiently corroborated to establish the informant’s reliability, the affidavit based on the informant’s statements was legally sufficient to support the issuance of the search warrant. We therefore reverse.

I. Facts and Proceedings Below

Leo Newman, a Los Angeles County sheriff’s deputy, was contacted by a confidential, anonymous informant between January 14 and January 19, 1983. The exact date was not specified to avoid revealing the identity of the informant. The informant told the officer (hereinafter the affiant) he had purchased heroin from “Oscar,” “Mom,” and “Tony” at 2 houses on Virginia Avenue in Lynwood at least 20 to 30 times during the prior 2 months. The last time he purchased heroin was from “Oscar” at his house on the day prior to the day he contacted the officer. The informant directed…

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