Maestas

People v. Maestas

Good Law
1988 Cal. App. LEXIS 800·204 Cal. App. 3d 1208·252 Cal. Rptr. 739
Court of Appeal of CaliforniaAugust 22, 1988No. A038035California4,946 words

Opinion

Lead Opinion

Kline, J.

Following a plea of no contest to one count of possession for sale of a controlled substance (Health & Saf. Code, § 11351) Leroy Maestas appeals from a judgment of conviction, claiming that his motion to suppress evidence pursuant to Penal Code section 1538.5 1 was erroneously denied.

On January 2, 1986, a search warrant was issued by a municipal court magistrate upon an affidavit application by Detective Phillip Silva of the Vallejo Police Department. The warrant authorized the search of defendant’s bar, Jenica’s Lounge, and his residence for cocaine, drug paraphernalia, and personal property tending to show the identity of the persons in control of the premises being searched, including bank records, tax records, bank books and other receipts.

The search warrant was executed on January 10, 1986. Cocaine, plastic baggies, bank papers, IRS forms and other items were seized from defendant’s home. Nothing was found in Jenica’s Lounge.

Defendant filed a motion to traverse and quash the search warrant and to suppress all evidence seized as a result of its issuance. As pertinent to this *1212 appeal, the motion argued that (1) reckless material omissions of fact and…

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