Sawkow

Appellants appeal from judgments of conviction entered on their pleas of nolo contendere following denial of their motions to suppress evidence pursuant to Penal Code section 1538.5. The two principal issues before the court are: First, whether the state met its burden to justify a police detention under the Fourth Amendment to the United States Constitution and article I, section 13 of the California Constitution. Secondly, whether a search warrant should have been quashed due to an inaccurate affidavit containing deliberate falsehoods, or material or intentionally misleading omissions.

I. Statement of facts

The evidence, viewed in a light most favorable to the People, showed that on April 1, 1980, one Peter Walters commenced work as controller and bookkeeper for Hygin Sanitary Supply Company, Inc. (Hygin), with authority to prepare checks for accounts payable, and to make payment after the checks were signed by Harold Howard, president of Hygin. On September 25, 1980, two Hygin employees informed Howard that Walters was engaging in unusual and perhaps suspicious behavior: He was never without his briefcase; he regularly parked his car several blocks away from Hygin;…