Calabrese

People v. Calabrese

Caution
101 Cal. App. 4th 79·123 Cal. Rptr. 2d 570·2002 Cal. App. LEXIS 4496·2002 Daily Journal DAR 9237·2002 Cal. Daily Op. Serv. 7374
Court of Appeal of CaliforniaAugust 12, 2002G027096California2,401 words

Opinion

Opinion

Fybel, J.

We hold:

The trial court was therefore correct in denying defendant Cesare Calabrese’s motion to quash the search warrant and to suppress evidence pursuant to Penal Code section 1538.5, and in imposing and suspending a $200 restitution fine under Penal Code section 1202.45. Accordingly, we affirm the judgment.

The Warrant, the Search, and the Charges

On January 15, 1999, Westminster Police Department Detective Michael Chapman obtained a warrant to search Calabrese’s pickup truck, person, and room at the Cypress Suites Motel. Judge David A. Thompson signed the warrant.

Narcotics investigator Gregory Jackson and several Westminster police officers executed the warrant the same day. Jackson watched Calabrese drive his truck out of the driveway of the Cypress Suites Motel. Jackson stopped Calabrese after following him for about half a mile and searched the truck pursuant to the search warrant. Jackson found a purple nylon tote bag tied to the hoses inside the truck’s engine compartment. The tote bag contained 22.4 grams of a powdery/crystalline substance, a small package containing a usable quantity of marijuana, a .3 8-caliber snub revolver, a gram scale with residue on…

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