Heslington

The People charged defendant Brian David Heslington with possession of controlled substances and a weapon found during a search of his home pursuant to a warrant. Prior to trial defendant moved to quash and traverse the search warrant and suppress the evidence. Because the affidavit that supported the search warrant was partially sealed, the court, in considering defendant’s suppression motions, tried to comply with People v. Hobbs (1994) 7 Cal.4th 948 [ 30 Cal.Rptr.2d 651 , 873 P.2d 1246 ] (Hobbs). But the court misapplied the Hobbs procedure and granted defendant’s suppression motions. As a result, the People were unable to proceed with their action and the court dismissed it. Because the court misapplied Hobbs , we reverse the order dismissing the People’s action against defendant.

FACTS

The Search Warrant and Affidavit

On August 4, 2008, Judge Frances Munoz issued a search warrant for defendant’s home and six other residences (as well as related vehicles). The persons and property to be searched or seized included defendant and Scott Michael Guinn, blood or saliva DNA samples, clothing (including any bloodstained clothes), gang indicia, computers, and cell…