Cleland

A defendant convicted by plea of possession of methamphetamine and marijuana for sale challenges the validity of the search warrant pursuant to which police seized the evidence against him.

Facts

On September 19, 1988, Detective Don Hoffman of the Concord Police Department executed an affidavit in support of a search warrant for 5082 Kenmore Drive, apartment 4, in Concord. The first portion of the affidavit details Hoffman’s training and experience during his seven years as a police officer, which form the basis for his expertise in the enforcement of narcotics laws. The affidavit then recites the following facts. Hoffman knew from reading a police report that nine days earlier, on September 10, 1988, Officer R. Thompson of the Concord Police Department stopped Kori Bolin for jaywalking. Bolin told Thompson that he had no written identification in his possession. A warrant check by Thompson revealed three outstanding warrants for Bolin’s arrest, two of them with no bail. Thompson arrested Bolin on those warrants. Searches of Bolin’s person revealed that Bolin was carrying 12 small baggies of marijuana. Bolin refused to talk to the police about the marijuana. During the…