Clayton

People v. Clayton

Good Law
18 Cal. App. 4th 440·1993 Cal. App. LEXIS 889·22 Cal. Rptr. 2d 371·93 Daily Journal DAR 11118·93 Cal. Daily Op. Serv. 6554
Court of Appeal of CaliforniaAugust 30, 1993A060064California2,741 words

Opinion

Opinion

Reardon, J.

Penal Code section 1534 requires that a search warrant be executed “within 10 days after date of issuance.” In this case of first impression in California, we must decide how that 10-day period is to be computed.

I. Facts

At 11 a.m. on July 15, 1992, a magistrate signed a warrant authorizing the search of 4719 Melrose Avenue in Oakland. Police executed the warrant about 5:20 p.m. on July 25, 1992. Inside, the police found the two defendants, Aaron Clayton and Diana Williams, controlled substances and weapons. Criminal charges were filed.

Ruling on defendants’ motion to suppress, the trial court first found that probable cause existed both at the time the search warrant was issued and at the time it was executed. Then, after computing the 10-day period by including the date of issuance of the search warrant, the trial court held the search warrant “was not executed within the time prescribed by Penal Code section 1534 and, therefore, became void the day before it was served.” The trial court suppressed the fruits of the search and ordered the matter dismissed. The People appeal. (§ 1238, subd. (a)(7).) We reverse.

II. Discussion

A. Parties’ Contentions

Framing the…

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