Brocard

People v. Brocard

Good Law
170 Cal. App. 3d 239·1985 Cal. App. LEXIS 2228·216 Cal. Rptr. 31
Court of Appeal of CaliforniaJuly 18, 1985Crim. No. 17490California1,386 words

Opinion

Lead Opinion

Wallin, J.

Appellant Juan Brocard pleaded guilty to possession for sale of cocaine (Health & Saf. Code, § 11351) after his motion to suppress *241 evidence was denied. Pursuant to Penal Code section 1538.5, subdivision (m), Brocard seeks review of the validity of a search and seizure. He claims the search warrant was void because it could not be reissued after the 10-day period for execution had expired.

On June 30, 1983, Detective Dubois of the Westminster Police Department obtained a search warrant for Brocard’s residence. The search warrant was supported by Dubois’ affidavit, which in essence stated the following: (1) a reliable informant 1 said he had bought heroin from Brocard on eight occasions in the two months prior to June 6, 1983, and also said Brocard always had heroin available for sale, (2) within twenty days of the affidavit another informant said Brocard was still dealing in heroin, (3) within five days of the affidavit a third informant said he could buy heroin from Bro-card, and (4) the third informant made a controlled buy of heroin.

On July 12th Dubois presented an addendum, the original affidavit, and the original search warrant to the same magistrate. The…

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