Galvan
People v. Galvan
Opinion
Opinion
Dabney, J.
Defendant Miguel Galvan was charged in an information with possession of a controlled substance, cocaine, for sale (Health & Saf. Code, § 11351) with a special allegation that he was armed with a firearm (Pen. Code, § 12022, subd. (c)). Galvan moved to quash the search warrant and to suppress evidence. After the motion was denied, Galvan pleaded guilty to the possession charge. Under the plea bargain, the enhancement allegation was dismissed. Galvan was placed on supervised probation.
On appeal, Galvan contends that the affidavit in support of the search warrant was insufficient, and the court erred in denying the motion to suppress because the police did not comply with sections 1530 and 1531.
Facts
Sheriff’s deputies seized 7.6 grams of cocaine from Galvan’s house when executing a search warrant. A deputy sheriff testified, based on his training and experience, that the packaging of the contraband indicated it was possessed for sale. Although not the basis for additional charges, officers also seized over $100,000 and 83 firearms. Facts relating to the validity of the search and seizure are set forth in the discussion which follows.