Lim

People v. Lim

Good Law
102 Cal. Rptr. 2d 604·2000 Cal. App. LEXIS 1001·2001 Daily Journal DAR 183·85 Cal. App. 4th 1289
Court of Appeal of CaliforniaDecember 19, 2000C034940California2,843 words

Opinion

Opinion

Sims, J.

After the trial court granted defendant Robin Marie Lim’s motion to quash a search warrant and suppress evidence, the prosecution announced it was not ready to proceed to trial, and the trial court on its own motion ordered the case dismissed pursuant to Penal Code section 1385. The People appeal, contending reversal is required because the trial court erred in granting defendant’s suppression motion.

We shall conclude the trial court erred in ruling that the officer conducting the search could not rely on the warrant in good faith, under United States v. Leon (1984) 468 U.S. 897 [ 104 S.Ct. 3405 , 82 L.Ed.2d 677 ], because the officer had omitted from his affidavit in support of his application for the warrant certain favorable information that tended to support probable cause for issuance of the warrant.

We shall therefore reverse the orders dismissing the case and granting defendant’s motion to suppress.

Factual and Procedural Background

In June 1999, after police searched defendant’s car pursuant to a search warrant, a complaint was filed charging defendant with (1) possession of methamphetamine for sale in violation of Health and Safety Code section 11378; (2)…

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