People v. Johnson

Kyle Johnson appeals his conviction by jury trial of possession of cocaine for sale (Health & Saf. Code, § 11351), contending the trial court erred in denying his motion to suppress evidence. The People concede the underlying search warrant was deficient, but contend the police executed the search with a good faith belief in the warrant’s validity.

Facts

The Affidavit

The following facts were set forth by Police Officer Joe Munoz in the affidavit filed in support of the search warrant: On January 26, 1988, Munoz was the primary investigator of a Vacaville bank robbery. A bank teller told him she was robbed by a Black male carrying a clear plastic bag and a gun and wearing a dark pullover sweatshirt with the hood pulled tightly around his face. He pointed a four- to six-inch blue-steel revolver at her head and demanded she fill the bag with money. The victim identified the gun as a .38-caliber revolver, and another teller identified it as a .22-caliber revolver. Eyewitnesses described the suspect as a Black male adult in his early 20’s, approximately 5’ 10” tall and 150 pounds, wearing a dark-hooded pullover sweatshirt, dark blue jeans similar to Levi 501’s, dirty brown…