Wilson

People v. Wilson

Good Law
182 Cal. App. 3d 742·1986 Cal. App. LEXIS 1745·227 Cal. Rptr. 528
Court of Appeal of CaliforniaJune 23, 1986H000204California4,537 words

Opinion

Opinion

Brauer, J.

Defendant John L. Wilson pleaded guilty to conspiracy to manufacture methamphetamines and admitted two prior felony convictions. His nephew, defendant Tyrone Rogers, pleaded guilty to possession of methamphetamines. Pursuant to negotiated dispositions, Wilson was sentenced to six years in prison and Rogers to two.

The pleas followed the denial of a motion to suppress the fruits of a search of two properties. The search was conducted pursuant to two search warrants identical except for the description of the property to be searched. The validity of those search warrants is the issue on this appeal.

Defendants attack the warrants on three grounds: 1) the affidavits contained deliberately false information; 2) the issuing magistrate did not read the entire affidavits and attachments; and 3) the affidavits are insufficient to furnish probable cause.

As we will explain, defendants’ cause is impaled on the tines of a trident wielded by the United States Supreme Court, tines called Franks, Gates and Leon.

I. The Facts

The physical evidence supporting the defendants’ convictions was seized under authority of two warrants directing the search of two rural properties, the…

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